When an employee has a disability, the employer has a duty to accommodate to the point of undue hardship
Q: What is an employer’s obligation if an employee fired for cause reveals a disability after their termination?
A: From a human rights perspective, the termination of an employee who has disclosed a disability carries significant risk. Even if the termination is conducted in good faith and for legitimate reasons, if the decision was in any way related to the disability it could be discriminatory. What the employer knows about an employee’s disability, and when, will impact whether any obligation to accommodate exists and if there is possible liability for discrimination.
