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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. Equal access for to education for students with disabilities during strikes (fact sheet)

    2007 - This Fact Sheet highlights the human rights principles that apply to the education of students with disabilities during strikes, walkouts, work stoppages or other job actions involving educational assistants. The information in this backgrounder is intended to set the stage for government, unions, school boards and others to act proactively to ensure equal access to education for students with disabilities during strikes or other work stoppages.

  2. Forms of discrimination based on mental health or addiction disabilities (fact sheet)

    June 2014 - Discrimination against people with mental health or addiction disabilities is often linked to prejudicial attitudes, negative stereotyping and the overall stigma surrounding these disabilities. Discrimination in employment, housing or services may happen when a person experiences negative treatment or impact because of a mental health or addiction disability. The Code also protects people from discrimination because of past and perceived disabilities.

  3. Human rights and mental health (fact sheet)

    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 and applies to the areas of employment, housing, goods, facilities and services, contracts, and membership in unions, trade or professional associations. In Ontario, the law protects you from discrimination and harassment in these areas because of mental health disabilities and addictions. This includes past, present and perceived conditions.

  4. Human rights, disability and accessibility issues regarding visual fire alarms for people who are deaf and hard of hearing

    With the recent passage of the Accessibility for Ontarians with Disabilities Act (AODA), 2005, accessibility issues are now governed by complementary aspects of the Ontario Human Rights Code, the AODA, the Ontario Building Code and, in the case of existing buildings, the Ontario Fire Code.

  5. Inclusive design and the duty to accommodate (fact sheet)

    June 2014 - People with mental health disabilities or addictions face many kinds of barriers every day. These could be attitude, communication, physical or systemic barriers. Organizations should identity and remove barriers voluntarily instead of waiting to respond to individual accommodation requests or complaints. Effective inclusive design reduces the need for people to ask for individual accommodation. Organizations, including government, should use the principles of inclusive design when creating policies, programs, procedures, standards, requirements and facilities.

  6. 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.

  7. Mental health profiling (fact sheet)

    June 2014 - Mental health profiling is any action taken for reasons of safety, security or public protection that relies on stereotypes about a person’s mental health or addiction instead of on reasonable grounds, to single out a person for greater scrutiny or different treatment. A “stereotype” is a generalization about a person based on assumptions about qualities and characteristics of the group they belong to.

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