In today’s workplace, ensuring employee well-being means looking beyond workplace hazards. Employers must tackle issues like harassment and family violence to create a safe work environment for all. They must also navigate the complexities of reasonable accommodations for certain health issues while protecting the confidentiality of sensitive medical information.
Obligation to protect employees
Employers have a responsibility to protect the physical and mental well-being of their employees. This includes:
- ensuring adequate workplace conditions like proper lighting, ventilation and heating,
- providing safety equipment to employees and ensuring the equipment is in good condition,
- informing employees about any risks associated with their job.
The obligation to safeguard employees’ mental well-being also means that every workplace must be free from sexual and psychological harassment. To this end, all employers must implement a harassment prevention and complaint processing policy.
If an employer knows or suspects that an employee is exposed to physical or psychological violence at work, including spousal, family or sexual violence, they must act to prevent or stop the violence. This obligation extends to remote workers who are exposed to violence at their remote work location, like their residence.
Obligation to reasonably accommodate certain situations
The right to equality is a fundamental right protected by the Quebec Charter of Human Rights and Freedoms. As part of this right, employers are required to accommodate employees with mental or physical disabilities so that they too can fully participate in the workplace. Employers must not discriminate against employees because of their disability, for example, when it comes to hiring practices, promotions or working conditions.
Disabilities can be temporary or permanent. They limit an employee’s ability to perform certain actions, such as carrying out specific work tasks, moving around in their environment or communicating effectively with others.
Courts examine each employee’s unique situation, work and workplace to determine whether a condition qualifies as a disability.
The following physical health conditions have been qualified as disabilities in the past:
- epilepsy,
- cardiac problems,
- cancer,
- allergies,
- asthma,
- hypertension,
- and more.
The following mental health conditions have been qualified as disabilities in the past:
- alcoholism,
- drug addiction,
- burnout,
- depression,
- post-traumatic stress disorder,
- temporary mixed anxiety-depressive disorder,
- bipolar disorder with depression,
- a paranoid personality with behavioral difficulties,
- and more.
If an employee believes they have been directly discriminated against, they have the right to ask that the discriminatory rule or decision be reversed.
If an employee believes they have been indirectly discriminated against, they can request reasonable accommodations from their employer to ensure fair working conditions and equal opportunities for success.
Indirect discrimination occurs when an unfair treatment results from a rule that seems neutral and that applies to everyone equally. For example, a policy that bans all animals from the workplace may unintentionally discriminate against individuals who rely on service animals.
What is a reasonable accommodation?
Employers are not required to accept all accommodation requests. Employers and employees must collaborate to find reasonable accommodations to allow employees with disabilities to work effectively. These may include:
- adjustments to the employee’s working conditions, such as allowing time off for medical appointments or offering flexible work hours,
- modifications to the workplace, such as installing special equipment like a ramp,
- reassigning the employee to a different role within the organization or business.
It’s important to note that courts generally consider accommodations to be reasonable, unless the employer can prove otherwise. Employers can deny an accommodation request if it causes them undue hardship, such as
- excessive costs to implement the measure,
- significant disruption to their operations,
- legitimate concerns that the rights of others may be negatively affected, such as by putting their safety at risk.
If a disability prevents someone from fulfilling fundamental job requirements for the foreseeable future, and no reasonable accommodation is possible, the employer may have valid grounds to refuse to hire the person or to let them go.
Confidentiality of medical information: What proof can an employer request?
Employers must always take measures to preserve the dignity and privacy of their employees. However, employers have the right to obtain personal information or proof of an alleged illness or disability when it serves their legitimate interests.
The scope of the requested information must be limited to what is strictly necessary and relevant to these interests.
Examples of legitimate interests
What this looks like in real life
Managing the smooth operation of their activities
Monitoring absences due to illness
Assessing an employee’s ability to perform job-related tasks
Verifying the skills required for a position
Protecting the health and safety of employees and others in the workplace
Understanding any functional limitations related to a known medical condition
Employees must advise their employer as soon as possible if they need time off from work for health reasons or because of violence. They must give their employer the reasons for their absence.
For short absences of a few days, a verbal declaration by the employee is often sufficient proof of the alleged reasons for the absence.
For longer or repeated absences, employers are allowed to request that an employee provide a document attesting the reasons of their absence, such as a medical certificate. Courts have determined that this document must generally include details like the diagnosis, the expected date of return to work or next medical examination, as well as the employee’s ability to perform their duties.
Employers may also have an absenteeism policy or negotiate rules in a collective agreement that require employees to provide such a written document if they must be absent for more than a set number of consecutive days. Having this type of policy or rule in a collective agreement could help make the employees’ obligations clearer.
As medical information qualifies as “personal information” under Quebec’s Act respecting the protection of personal information in the private sector, employers must follow strict rules regarding the collection, storage and communication of this sensitive information.