A seven year legal battle for two Ontario residents and a ruling by the Supreme Court of Canada set a legal precedent on what constitutes a disability under Human Rights legislation. Employees who suffer from an illness or injury that restricts or limits their ability to perform their duties are considered to be “disabled” under employment law; addictions and alcoholism are considered disabilities.
Under the Yukon Human Rights Act, an employer must accommodate disabled employees – this is the “duty to accommodate”. The right to equality for persons with disabilities is entrenched in Human Rights legislation across Canada. If an employee suffers from an addiction they may have access to a workplace accommodation while they are recovering.
We say may because the duty to accommodate usually follows disclosure by the employee. The employee may believe they suffer from an addiction but unless this is disclosed, it’s tough for the employer to know what supports are appropriate.
An accommodation can be anything from altered hours of work, time off to attend counseling or treatment or even modified duties. It may mean working in a different position or location. The intent is to reduce or eliminate the risk of further injury or illness, to meet operational needs and to allow the individual to continue working while recovery takes place.
If an employer suspects a medical condition may be affecting an employee’s performance, they have a duty to inquire. This means they may ask the employee if there are any medical restrictions or limitations, or if they have a medical condition they should be aware of. This isn’t an invasion of your privacy just for the sake of asking; if you are asked, it likely means your employers have noticed you are struggling.
What can you do if you believe addiction is affecting your ability to carry out your duties? Ask for help! Talk to your family or friends, consult with your family physician and tap into your employee assistance program.
If you believe you need a workplace accommodation, ask YEU for a union representative to help you talk to your supervisor. Some employers offer financial support to attend treatment programs, follow up counseling or other rehabilitative programs. All employers have a legal duty to accommodate an employee to the point of undue hardship.
If you’re in doubt about your responsibilities and your rights as a disabled employee or if you have any questions please contact YEU and your human resource branch. There is confidential support available and all levels can work together to help. For your protection, it makes sense to make sure you have union support when you approach your employer; we will be with you every step of the way.