We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close
Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Human rights update: The duty to inquire about employee mental illness

Thursday, April 06, 2017 @ 8:43 AM | By Doug MacLeod

If an employer has concerns about an employee’s performance or behaviour and thinks it might be caused by a mental illness, can or must the employer ask the employee?

The duty to inquire

This is a difficult situation that raises the question: At what point before disciplining or terminating an employee is an employer required to ask an employee whether they have a disability that may need to be accommodated?

When is the duty to inquire triggered?

According to the Ontario Human Rights Commission’s policy on...