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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. Ontario Divisional Court upholds right of employees with mental illness

    August 29, 2008 - The Ontario Divisional Court released a decision earlier this month upholding a discrimination ruling of the Human Rights Tribunal of Ontario in a case argued by the Commission. The Court’s decision in Lane v. ADGA Group Consultants Inc. of Ottawa warrants all our attention because it reaffirms that employees with mental health disabilities have a right to accommodation of their needs under Ontario’s Human Rights Code.
  2. 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.

  3. 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:

  4. Backgrounder - Commission settles complaints with the Dufferin-Peel Catholic District School Board

    October 2005 - The Dufferin-Peel Catholic District School Board (the “Board’) agrees that, when teachers or school administrators are alleged to have made inappropriate remark(s) toward a student regarding that student's race, colour, ethnic origin, place of origin, creed, or disability, or other grounds as protected by the Ontario Human Rights Code , or to have purposefully failed to appropriately accommodate the needs of disabled students, the Board shall investigate the allegations and implement measures, where appropriate, to ensure accountability. Such measures shall include, in appropriate circumstances, discipline up to and including termination.

  5. Adding voices to the mental health conversation

    From: Annual Report 2010-2011: Looking back, moving forward

    Since disability was added to the Human Rights Code in 1981, it has become the ground most often cited in human rights complaints in Ontario. The OHRC has done much work in this area, but primarily on physical disability. In the past, there were few official complaints based on mental health, but we knew that they were out there. Now, as mental health issues emerge from the shadows and people feel more empowered to tell their stories, we’ve worked to better understand the discrimination that mental illness creates.

  6. Looking for high quality solutions

    From: Annual Report 2010-2011: Looking back, moving forward

    All Ontarians should enjoy the rights to inclusion, dignity and personal choices in their daily lives. While most of us take the ability to make these choices for granted, there are still some people who do not enjoy the level of rights that most of us do. Simple rights like being able to decide what clothing to wear or what to have for lunch are often not available to some of the most vulnerable members of our society – people with developmental disabilities. An initiative is underway to change this.

  7. Looking at the path – reviewing the AODA review

    From: Annual Report 2010-2011: Looking back, moving forward

    As the government moves forward with implementing the AODA, we continue to advocate for the Act and accompanying standards to meet the vision and the requirements of the Ontario Human Rights Code.

    This included commenting on Charles Beer’s 2010 report, Creating a Path Forward – Report of the Independent Review of the Accessibility for Ontarians with Disabilities Act (AODA) 2005.

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