Supporting Mental Health in the workplace isn’t just good practice, in Canada, there are legal expectations tied to human rights and accommodation. One important concept employers should understand is the duty to inquire.
What Is the Duty to Inquire?
In Canadian workplace law, the duty to inquire is part of an employer’s broader duty to accommodate employees with disabilities, including Mental Health conditions. It means that when an employer knows or reasonably ought to know an employee might be experiencing a Mental Health issue that affects their work, the employer must initiate a respectful conversation about whether accommodation is needed before taking any negative action. (Canadian Human Rights Commission, Developing a Workplace Accommodation Policy)
For example, a long-standing high performer who suddenly starts struggling with deadlines or a team member showing consistent absenteeism or behaviour changes may trigger the employer’s duty to inquire and explore support options. (HRD Canada, Accommodating Mental Disabilities: Key Considerations for Employers)
Importantly, this does not mean employers diagnose mental illnesses or collect sensitive health details. Instead, they should ask open, supportive questions and focus on understanding functional needs; what assistance or changes might help the person do their job effectively. (Perlaw.ca, Navigating Mental Health Concerns in the Workplace)
Why This Matters in Canada
Under the Ontario Human Rights Code and similar human rights laws across Canada, Mental Health conditions, including anxiety, depression, PTSD, and others, are protected as disabilities. Employers are required to accommodate these to the point of undue hardship. (Ontario Government, Mental Health in the Workplace)
The Ontario Human Rights Commission clearly outlines that when an employer notices signs that someone may be experiencing significant difficulty at work due to a disability, the employer must inquire and offer assistance or accommodation options. This obligation applies even if the employee has not directly asked for help. (OHRC, Preventing Discrimination Based on Mental Health and Addiction Disabilities)
Failure to inquire before taking punitive action, such as termination or disciplinary measures, may be considered discriminatory under human rights law. Legal cases and tribunal decisions have repeatedly reinforced this procedural obligation. (OHRC, Policy on the Duty to Accommodate)
How Employers Should Respond
When an employer identifies potential concerns, they should:
- Ask open, respectful questions focused on how the employee is doing and whether there are barriers affecting their performance.
- Respect privacy and dignity by not demanding medical diagnoses or invasive details, only what is needed to understand accommodation needs.
- Explore accommodation options together with the employee, discussing reasonable workplace adjustments.
- Document discussions and check in regularly.
These practices are not just legal “tick-boxes.” They reflect best practices for supportive workplaces that respect rights and promote psychological safety.
Beyond Legal Compliance: Building a Mentally Healthy Workplace
Understanding the duty to inquire is important, but it is only one piece of a psychologically healthy and safe culture. Many employers struggle with knowing what to say and do when mental health concerns come up. Training and mental health literacy help organizations respond with confidence and care.
How can you equip your team to support this process?
The Working Mind (TWM) is Canada’s evidence-based mental health training program that helps workplaces:
- Recognize early signs of mental health challenges
- Reduce stigma and increase confidence in having supportive conversations
- Understand how to respond and connect people with resources
- Build psychologically healthy and safe spaces
Equipping managers and employees with the right skills makes it easier to fulfill the duty to inquire with empathy and confidence, creating workplaces where people are supported before issues escalate.
Learn more about The Working Mind and how it can support your organization today.
—Disclaimer: This article is for educational purposes only and does not constitute legal advice—