Under the Ontario Human Rights Code (Code), employers, unions, housing providers and service providers have a legal duty to accommodate the needs of people with disabilities who are adversely affected by a requirement, rule or standard at work, at school, in housing, or any of the other “social areas” covered by the Code.
The Code protects people from discrimination and harassment because of past, present and perceived disabilities. “Disability” covers a broad range and degree of conditions, some visible and some not visible. A disability may have been present from birth, caused by an accident, or developed over time.
There are physical, mental and learning disabilities, mental disorders, hearing or vision disabilities, epilepsy, mental health disabilities and addictions, environmental sensitivities, and other conditions.
- Policy on drug and alcohol testing (2016)
- Policy on ableism and discrimination based on disability (2016)
- Policy on preventing discrimination based on mental health disabilities and addictions (2014)
- Policy on environmental sensitivities (Canadian Human Rights Commission, 2014)
The applicant, Ian Cole, is a middle-aged man with a severe intellectual disability who lives in the community. To live in the community, Mr. Cole depends on the receipt of nursing services. The primary source of funding for the nursing services is his local Community Care Access Centre (CCAC). The maximum funding for nursing services is set out in a regulation made under the Home Care and Community Services Act, 1994. At the time the application was filed, funding was available for nursing services to a maximum of four visits per day.
People with disabilities have the right to be free from discrimination when they receive goods or services, or use facilities. “Services” is a broad category and can include privately or publicly owned or operated services.
People with disabilities have the right to be free from discrimination in housing (“accommodation”). The Code applies to every part of buying or renting housing. This includes private, social, supportive and co-operative housing. When renting a place to live, the Code covers...
In employment, people with disabilities are entitled to the same opportunities and benefits as everyone else. “Employment” includes employees, independent contractors and volunteers. The Code prohibits discrimination based on someone’s disability in all aspects of the employment relationship.
Mr. Tang alleged that the respondents, McMaster University, the Faculty of Health Sciences, the Centre for Student Development and the Medical Sciences Graduate Program, breached the Human Rights Code by failing to meet their substantive and procedural obligations to accommodate him.
January 2014 - The Ontario Human Rights Commission (OHRC) has used a range of its functions to reduce and eliminate discrimination relating to land use planning. However, to meet Ministry goals and be consistent with Ontario’s Human Rights Code, the land use planning and appeal system needs to incorporate a human rights lens and provide human rights-related information, education and resources to those who implement and use the system. Planners and decision-makers throughout the system and in municipalities will benefit from clear guidance from the Province.
Accommodation and undue hardship
There is a test to decide if the Code requires an employer, service provider (such as the TTC), landlord or other person to accommodate a person with a disability. In this section, “accommodation” means meeting the needs of a person with a disability.
Factum of the interveners the Ontario Human Rights Commission, the Saskatchewan Human Rights Commission and the Alberta Human Rights Commission.
2011 - The Ontario Human Rights Code (the Code) provides for equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario. It applies to the areas of employment, housing, facilities and services, contracts, and membership in unions, trade or professional associations. At work, employees with disabilities are entitled to the same opportunities and benefits as people without disabilities. In some cases, they may need special arrangements or “accommodations” so they can do their job duties.