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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. Human rights commissions and economic and social rights

    2001 - This paper is one of several initiatives by the Ontario Human Rights Commission to explore ways in which human rights commissions can become more involved in protecting and promoting economic and social rights and in implementing international treaties to which Canada is a party. The challenge for human rights commissions is to find ways to maximize the potential of their mandates to promote international standards, including those contained in the International Covenant on Economic, Social and Cultural Rights.
  2. Discussion paper: Accessible transit services in Ontario

    January 2001 - Access to public transportation services is a human rights issue. Transportation is fundamental to the capacity of most persons to function in society. Transit services facilitate integration into public and social life in our communities, as well as allow people to access work, and basic goods, services and facilities. However, certain persons who are protected under the Ontario Human Rights Code face significant barriers in using transit services. While the issue of transit accessibility is most often discussed in the context of persons with disabilities, it also impacts on others, such as older persons and families with young children.

  3. Accommodating students with disabilities - Roles and responsibilities (fact sheet)

    2000 - The Ontario Human Rights Code guarantees the right to equal treatment in education, without discrimination on the ground of disability, as part of the protection for equal treatment in services. Education providers have a duty to accommodate students with disabilities up to the point of undue hardship. Students with disabilities are not always being provided with appropriate accommodation, and, in some cases, are falling victim to disputes between the various parties responsible for accommodation. The accommodation process is a shared responsibility.

  4. Accommodating students with disabilities - Principles (fact sheet)

    2000 - Once a disability-related need has been identified, or a case of discrimination has been established, education providers have a duty to accommodate the needs of students with disabilities, unless to do so would cause undue hardship. Accommodation is a means of preventing and removing barriers that impede students with disabilities from participating fully in the educational environment. Accommodation involves three principles: dignity, individualization and inclusion.

  5. Policy and guidelines on disability and the duty to accommodate

    November 2000 - Under the Code, everyone has the right to be free from discrimination because of disability or perceived disability in the social areas of employment, services, goods, facilities, housing, contracts and membership in trade and vocational associations. This right means that persons with disabilities have the right to equal treatment, which includes the right to accessible workplaces, public transit, health services, restaurants, shops and housing.
  6. Policy on drug and alcohol testing

    September 2000 - Drug and alcohol testing are of particular concern in the workplace, notably for those Ontario employers that have safety sensitive operations, and/or that are subject to U.S. regulatory requirements (e.g. the trucking industry) or to the policies of U.S. affiliates with “zero tolerance” for the consumption of drugs or alcohol. For this reason, this Policy focuses on the workplace. However, it applies to other social areas as well.
  7. Discussion paper: Human rights issues in insurance

    October 1999 - The objective of the Paper is twofold: to promote dialogue on protecting human rights in the insurance industry and to examine alternatives to current practices by obtaining input from experts, regulators and consumers. Access to insurance in our society raises significant issues about distributive justice and fairness in the public sphere, issues that have received scant attention in Canada and in Ontario where rate setting has traditionally been viewed as a private matter.
  8. OHRC Insurance consultation cover letter

    October 14, 1999 - Insurance practices routinely make distinctions based on, among other things, gender, age, marital status and disability. While many of these distinctions are based on valid business practices, others raise questions and concerns. These concerns relate to the existence of non-discriminatory alternatives to current practices and about respect for human rights.

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