ADHD and the Human Rights Commission

Although situations may vary from province to province, a recent Ontario Human Rights Commission (OHRC) report, “Minds that matter: Report on the consultation on human rights, mental health and addictions,”[1] has helped to clarify the duty of employers to accommodate individuals with mental health conditions. It is important to note that the commission states, “The accommodation process usually begins when someone identifies they need accommodation due to a disability-related need.” [2] The commission continues to state that it is the responsibility of the person with the disability to “inform their employers of their needs.”[3]

The OHRC list of Employer Responsibilities [4]

  • Accept requests for accommodation in good faith;
  • Request only information that is required to make the accommodation;
  • Obtain expert advice or opinion where necessary;
  • Take an active role in ensuring that possible solutions are examined;
  • Maintain the confidentiality of persons with disabilities;
  • Deal with accommodation requests in a timely way, and;
  • Bear the cost of any required medical information or documentation.

*Information about a disability is personal and private and must be treated confidentially. Persons with disabilities are not required to disclose to information about the nature of their disability, unless specifically needed to better accommodate the needs of the person with disabilities. Information about an employee’s disability and/or accommodations should never be shared with anyone unless it is necessary and the employee has provided permission.