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Disability

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. 

Relevant policies: 

  1. Disability and human rights (brochure)

    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.

  2. Human Rights settlement reached with Ministry of Education on Safe Schools - Terms of settlement

    WHEREAS on July 7, 2005, the OHRC initiated a complaint, number GKEA-6DUH6W, pursuant to subsection 32(2) of the Human Rights Code in the public interest and on behalf of racialized students and students with disabilities alleging that the application of the safe schools provisions of the Education Act and the Ministry’s and school boards’ policies on discipline are having a disproportionate impact on racial minority students and students with disabilities. NOW THEREFORE, the Parties agree to settle these matters as follows:

  3. Preventing discrimination based on mental health and addiction disabilities : An overview for employers (brochure)

    June 2014 - Mental health issues and addictions are “disabilities” that are protected under the Code. For example, the Code protects people who have anxiety disorders, panic attacks, post-traumatic stress disorder (PTSD), depression, schizophrenia, bipolar disorder, or addictions to alcohol or drugs, just to name a few.

  4. MacConnell v. Ontario (Community and Social Services) Special Diets case – judicial review allowed

    September 2014 - The Divisional Court has allowed an application for judicial review, heard on September 16, brought by the applicants and the Ontario Human Rights Commission (OHRC), of a decision of the Human Rights Tribunal of Ontario (HRTO) denying special diet benefits to Joanne MacConnell.

  5. Summary: Hamilton-Wentworth District School Board v. Fair

    On May 31, 2016, the Court of Appeal for Ontario[1] unanimously upheld decisions by the HRTO, which had found that Sharon Fair (Fair) had been subjected to employment-related discrimination by the Hamilton-Wentworth District School Board (the School Board) and had ordered compensation for special and for general damages ($30,000) as well as an order for Fair’s reinstatement. The HRTO’s decisions had earlier been upheld by the Divisional Court.

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