Employers must show beyond a shadow of a doubt that disability was not part of the reason for the termination. Read more.
This brings us to the knotty issue of what to do if an employer really wants to fire a disabled employee for reasons unrelated to their disability. This is a very tricky situation for an employer. As always, the flip side of this equation is what to do if you feel you are being fired for your disability but the reason for termination is being disguised as a “reorganization” or some other justification, as it always will be. No employer will ever admit to human rights discrimination.
Let’s look at a recent case in which a business development manager was fired from Bell Canada. The man, who was also the sole caregiver for his elderly father, was unfortunately diagnosed with cancer at about the same time that his father passed away. Shortly thereafter, he underwent surgery and went on a medical leave to recover. Subsequent to the surgery, the man attempted to return to work but that was unsuccessful and he went on a second medical leave.
The Canadian Human Rights Commission held that family status played no role in his selection but that his disability did. Bell had clearly not thought through its case in advance as every party and counsel must do and paid dearly for that poor preparation.
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