By Stephen Dugandzic
Systemic discrimination in employment against disabled individuals in Canada occurs when workplace policies, practices, and attitudes create barriers to hiring, advancement, and equal treatment. While Canadian legislation prohibits discrimination based on disability, many employers still engage in practices that exclude or disadvantage disabled workers.
1. Hiring Discrimination & Bias
Even though employers legally cannot refuse to hire someone due to disability, systemic barriers exist in recruitment:
• Unconscious bias: Employers may assume disabled workers are less productive, unreliable, or costly to accommodate.
• Discriminatory job descriptions: Some postings list unnecessary physical requirements, automatically disqualifying candidates with disabilities.
• Lack of accessible hiring processes: Many job applications, interviews, and assessments are not accessible, excluding candidates who use screen readers, speech-to-text software, or sign language interpreters.
• Gaps in work history penalized: Disabled individuals often have employment gaps due to health conditions, but employers may see these as red flags rather than a natural part of living with a disability.
2. Lack of Workplace Accommodations
Under Canadian Human Rights legislation, employers must provide “reasonable accommodation” unless it causes “undue hardship.” However, many fail to meet this obligation. Common issues include:
• Refusing to provide accommodations (e.g., flexible hours, assistive technology, remote work options).
• Delays or bureaucracy: Employees are often forced to go through lengthy, invasive, or humiliating processes to prove their need for accommodations.
• Retaliation for requesting accommodations, leading to demotions, fewer promotions, or job loss.
3. Disability Wage Gap & Employment Disparities
Disabled Canadians face lower wages and higher unemployment rates compared to non-disabled workers:
• Lower employment rate: According to Statistics Canada, disabled individuals have an employment rate significantly lower than those without disabilities.
• Wage gap: Disabled workers often earn less than their non-disabled peers, even when they have similar qualifications.
• “Underemployment”: Many disabled workers are overqualified for their jobs but are denied advancement opportunities.
• Discriminatory attitudes: Employers may assume disabled workers should be grateful to have a job, leading to pay disparities.
4. Lack of Career Growth & Promotion Opportunities
• Disabled workers are often overlooked for leadership roles due to stereotypes that they lack leadership qualities.
• Promotions often require long hours or physical demands that may not be necessary for the role but are used as a reason to exclude disabled employees.
• Workplace culture excludes disabled employees by failing to accommodate networking events, professional development opportunities, or social interactions.
5. Workplace Harassment & Ableism
Disabled employees frequently face workplace bullying, microaggressions, and discrimination, including:
• Co-workers or managers questioning their disability (“You don’t look disabled”).
• Pressuring employees to work without accommodations or dismissing their requests as “special treatment.”
• Exclusion from workplace activities due to inaccessible events or workspaces.
Legal Protections & Challenges
While Canadian legislation exists to protect disabled workers, enforcement remains weak.
• Many workers cannot afford legal action against discrimination.
• The burden of proof is often on the disabled person to show discrimination, rather than requiring employers to prove they acted fairly.
• Employers often claim “undue hardship” to avoid providing accommodations, even when they are reasonable and cost little.
How Can Employers Reduce Systemic Discrimination?
- Implement inclusive hiring practices, such as accessible application processes and bias-free interviews.
- Provide mandatory disability awareness training for managers and HR staff.
- Make workplace accommodations easy to request without unnecessary paperwork.
- Ensure equal pay and advancement opportunities for disabled employees.
- Create accessible work environments, including flexible work policies and assistive technologies.
Final Thoughts
Despite legal protections, systemic discrimination against disabled workers remains a major issue in Canada. Many organizations fail to accommodate, promote, or fairly compensate disabled employees, leaving them at a severe economic disadvantage. Stronger enforcement, cultural change, and better workplace policies are needed to ensure equal opportunities for disabled Canadians.
Stephen Dugandzic received his Juris Doctor degree from the University of Alberta in 2013 and is Calgary-based. He previously practised with Bennett Jones LLP and Taylor Janis LLP before founding YYC Employment Law Group in 2018.
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