Navigating Mental Health Discrimination in Ontario Workplaces: Your Rights and Remedies Explained

In Ontario, the Human Rights Code (“Code”) is clear: you can’t be treated unfairly at work or be terminated because of a mental health condition or addiction. This remains true even where the employer is undergoing layoffs or where the mental health condition is just one part of the reason. The Code also requires that employers accommodate such disabilities up to the point of undue hardship. However, discrimination based on mental health is not always obvious, and knowing your rights and actually doing something about it are two different things. That’s where Gladiator comes in—helping you identify and tackle discrimination head-on, either by talking to your employer or taking legal action.

Here’s what you need to know about spotting and addressing mental health discrimination in Ontario workplaces:

Discrimination based on mental health doesn’t always look like a big, obvious attack. Sometimes it’s subtle, like being passed over for a promotion because your boss quietly thinks your mental health condition makes you unreliable. Or maybe you ask for a small change, like flexible hours to attend therapy or help manage ADHD, and they brush you off or make snide comments. Perhaps your employer continually points to symptoms of a diagnosed condition as performance issues, maybe even using them as a factor in a decision to terminate you. This isn’t just bad management, it’s against the law. The Code covers mental health conditions like anxiety, depression, PTSD, bipolar disorder, schizophrenia, ADHD, addictions and many other conditions as protected mental health disabilities.

Employers have a duty to accommodate your condition, which could mean adjusting your schedule, giving you a quieter workspace, or allowing time off for treatment. They can only say no if it causes undue hardship, which means a serious burden (like a risk to safety or excessive financial costs), and not just inconvenience. Too often, though, employers don’t follow through. They might ignore your requests, treat you like you’re less capable, or even create a toxic environment with comments or actions that make you feel singled out.

Employers also have a duty to inquire if they notice you’re struggling. If your work’s slipping and they suspect it’s related to mental health, they’re supposed to ask how they can help, not just slap you with warnings, discipline, or termination. If they don’t, they’re failing their legal obligations.

When Termination Crosses the Line

While the Code says you can’t be let go because of a disability like anxiety, ADHD or addiction unless the employer has tried to accommodate you and can prove it’s impossible without major burdens, too often employers use flimsy excuses like “poor performance”. That’s a red flag for discrimination, and the Human Rights Tribunal of Ontario (“HRTO”) has seen plenty of cases like this.

Even if you’re not outright fired, your employer might make your work life so difficult, perhaps through harassment or refusing accommodations, that you feel forced to quit or like the job you’re doing isn’t the one you signed up for. That’s called constructive dismissal, and it’s also illegal. You could be entitled to severance, damages for emotional harm or lost wages, or even reinstatement.

How to Fight Back with Gladiator

If you’re facing mental health discrimination at work, you don’t have to deal with it alone. Gladiator is here to help you stand up for your rights in two main ways:

1. Talking to Your Employer: Sometimes, the issue can be resolved without a fight. Gladiator’s team knows the Code and can approach your employer to demand fair treatment, whether it’s getting the accommodations you need, reversing unfair discipline, or securing compensation for what you’ve been through. Many employers don’t fully understand their legal duties, and a clear, professional conversation can set things right.

2. Taking Legal Action: If talking doesn’t work or the discrimination is severe, like wrongful termination, Gladiator can guide you through the legal process. You can file a complaint with the HRTO, which can award money for lost wages, damage to your dignity, or even order your employer to reinstate you or change their policies. Another option is a civil lawsuit for wrongful dismissal or constructive dismissal, which can include severance and damages for bad faith. Gladiator helps you build your case, gather evidence, and navigate the system to get the justice you deserve.

The HRTO’s process has a one-year deadline from the last discriminatory act, extensions are sometimes possible but rare. Civil claims usually have a two-year limit from the time the claim is “discoverable”, meaning when you knew or reasonably should have known of the harm, its cause, and the responsible party.

Don’t Let Discrimination Win

Mental health discrimination at work isn’t just unfair, it’s illegal, and you have the power to fight it. The Code gives you strong protections, but you need to take action to enforce them. Whether it’s negotiating with your employer or heading to the HRTO or court, Gladiator has your back. Visit www.mygladiator.ca and sign up for a free consultation to get started. You deserve a workplace that respects your rights and protects your dignity.