Case snapshot
At a glance
- Case
- Can You Be Fired for a Disability in Ontario?
- Court / Tribunal
- Human Rights Tribunal of Ontario
- Date
- July 30, 2026
- Area of law
- Employment Law
- Key issue
- Whether terminating an employee who had a physical disability — specifically tennis elbow and carpal tunnel syndrome — without adequately accommodating that condition constituted discrimination under the Ontario Human Rights Code.
- Outcome
- The Human Rights Tribunal of Ontario found in favour of the employee, determining that the termination amounted to disability-based discrimination.
- Why it matters
- If you have a physical condition that affects your ability to work and your employer fires you without first trying to accommodate you, you may have a human rights claim in Ontario.
Legal principle
The rule from this case
Under the Ontario Human Rights Code, employers have a legal duty to accommodate employees with disabilities up to the point of undue hardship. That means if a worker develops a physical condition — like a repetitive strain injury — that limits what they can do on the job, the employer cannot simply let them go. The employer must first explore whether there are reasonable adjustments that would allow the employee to keep working. This decision reinforces that the duty to accommodate is not a formality. An employer who skips meaningful accommodation steps and moves straight to termination risks being found to have discriminated against the employee on the basis of disability. The Tribunal can order remedies including compensation for lost wages and damages for injury to dignity.
Important limits
What this does not mean
This decision does not mean that every employee who is fired while dealing with a health condition automatically wins a human rights claim. The employee still needs to show a connection between the disability and the termination — and the employer still has the opportunity to demonstrate that accommodation would have caused undue hardship, or that the dismissal was genuinely unrelated to the condition. It also does not mean that an employer must keep a position open indefinitely or restructure the entire workplace. The duty to accommodate has limits. What this case does make clear is that employers cannot bypass the accommodation process entirely and expect that to go unchallenged before the Tribunal.
Can your employer fire you because of a physical condition?
No — under the Ontario Human Rights Code, an employer cannot terminate an employee because of a disability without first making a genuine effort to accommodate them. A 2026 decision from the Human Rights Tribunal of Ontario, Parikh v. AGAT Laboratories, 2026 HRTO 1168 (CanLII), illustrates exactly what can go wrong when an employer skips that step.
The employee in this case had physical conditions — tennis elbow and carpal tunnel syndrome — that are common repetitive strain injuries. These are real, diagnosable conditions that can significantly limit a person’s ability to perform certain tasks. The Tribunal found that the employer’s decision to terminate, without meaningfully engaging in the accommodation process, crossed the line into discrimination.
What is the duty to accommodate a disability in Ontario?
The duty to accommodate means employers must take reasonable steps to adjust the workplace or the job so that an employee with a disability can continue working. This obligation exists under the Ontario Human Rights Code and applies to all Ontario employers, regardless of size.
Accommodation can take many forms: modified duties, adjusted hours, ergonomic equipment, or a temporary reassignment. The employer is not required to do the impossible, but they are required to genuinely explore options before concluding that none exist. Simply deciding that the employee can no longer do their job — without that exploration — is not enough.
What counts as discrimination based on disability at work?
Disability-based discrimination occurs when an employer treats an employee differently, or takes an adverse action against them, because of a physical or mental condition. Termination is one of the most serious adverse actions an employer can take.
The connection between the disability and the termination does not have to be the only reason for the firing — it just has to be a factor. If the Tribunal finds that the employee’s condition played a role in the decision to let them go, and the employer failed to accommodate, that is enough to support a finding of discrimination.
What evidence matters in an HRTO disability case?
Evidence from witnesses and documents plays a central role in these cases. The Tribunal weighs testimony about what the employer knew about the employee’s condition, what accommodation discussions (if any) took place, and what steps were actually taken before the termination decision was made.
Medical documentation is important, but so is the employer’s internal record of how they responded to the employee’s situation. Gaps in that record — for example, no meeting about accommodation, no referral to occupational health, no modified duties offered — can be telling. In this case, the Tribunal’s assessment of the witness evidence was a key part of reaching its conclusion.
What remedies can the HRTO order for disability discrimination?
The Human Rights Tribunal of Ontario has broad remedial powers. It can order compensation for lost income, damages for injury to dignity and self-respect, and directions requiring the employer to change its practices going forward.
Unlike a civil court action, an HRTO application does not require the employee to prove the employer acted with malicious intent. The focus is on whether discrimination occurred and what is needed to make the applicant whole. Damages for injury to dignity alone can be significant, even where the financial loss is modest.
Practical takeaways for employees with a workplace injury or disability
- Document your condition early. Get medical confirmation of your diagnosis and keep records of any work-related limitations your doctor identifies.
- Put accommodation requests in writing. If you ask your employer for modified duties or other adjustments, follow up verbal conversations with an email so there is a record.
- Do not assume silence means acceptance. If your employer is not responding to your accommodation request, that inaction itself may be relevant to a future claim.
- Watch for warning signs. If your employer’s attitude toward you changes after you disclose a health condition or request accommodation, note the timing and keep records.
- Get legal advice before accepting a severance package. If you are terminated while dealing with a disability, a settlement offer may not reflect the full value of a potential human rights claim.
Our Ontario employment lawyers regularly advise employees who have been dismissed while dealing with a health condition and are unsure whether they have a human rights claim, a wrongful dismissal claim, or both.
If you are in the Hamilton or Burlington area and believe your termination may have been connected to a disability, our team at our Hamilton employment law office can help you understand your options. We also assist clients across the Greater Toronto Area, including those searching for guidance from our Mississauga employment law team.
UL Lawyers offers a free initial consultation from our Burlington office and works with clients across Ontario. If you think your rights may have been violated at work, reach out to our employment law team to get a clear picture of where you stand.
This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.
FAQ
Frequently asked questions
You generally have one year from the date of the last incident of discrimination to file an application with the Human Rights Tribunal of Ontario. Missing this deadline can bar your claim, so it is important to act quickly.
Yes, in many cases you can pursue both at the same time. A wrongful dismissal claim addresses notice entitlements, while a human rights complaint addresses the discriminatory nature of the termination — they cover different ground and can both result in compensation.
Not indefinitely, but the employer must accommodate your absence up to the point of undue hardship before making any decisions about your employment. Letting someone go simply because they are on a medical leave, without exploring alternatives, is a common trigger for human rights complaints.