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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. Proposed Transportation Accessibility Standards a setback for Ontarians with disabilities

    August 30, 2007

    Toronto - The Ontario Human Rights Commission has made a submission to the Transportation Accessibility Standards Development Committee of the Accessibility Directorate of Ontario. The Committee is charged with developing the Initial Proposed Transportation Accessibility Standard under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA).

  2. Private College Has Duty to Accommodate Students with Disabilities, Human Rights Tribunal Confirms

    March 20, 2008

    Toronto - The Human Rights Tribunal of Ontario has issued its decision in the case of Brown v Trebas Institute Ontario Inc. The case involves a complaint filed by Delano Brown who is blind and alleged the private post-secondary career college discriminated against him in his efforts to enrol in a Music Business Administration study program.

  3. Prisoners' Justice Day: Significant barriers to progress remain 42 years later

    August 10, 2016

    On August 10, 1974, Edward Nolan died by suicide in a segregation cell at Millhaven Institution in Bath, Ontario. Each year on August 10, we commemorate Prisoners' Justice Day to remember Nolan and all of the prisoners who have died in custody, and to renew calls to respect the basic human rights of prisoners housed in jails, correctional centres, and penitentiaries across the country.

  4. 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.

  5. Policy statement on cannabis and the Human Rights Code

    September 2018 - Ontario’s Human Rights Code and the Ontario Human Rights Commission’s policies apply to cannabis in the same way they do for other drugs. The Code protects people who use cannabis for a medical purpose related to a disability from discriminatory treatment in employment, housing, services and other areas. The Code also prohibits discrimination against people who have or are perceived to have an addiction to cannabis based on the ground of disability.

  6. Policy on preventing discrimination based on mental health disabilities and addictions - Summary (fact sheet)

    June 2014 - People with mental health issues and addictions are a diverse group, and experience disability, impairment and societal barriers in many different ways. Disabilities are often “invisible” and episodic, with people sometimes experiencing periods of wellness and periods of disability. All people with disabilities have the same rights to equal opportunities under the Code, whether their disabilities are visible or not.

  7. Policy on preventing discrimination based on mental health disabilities and addictions

    June 2014 - The OHRC’s Policy on preventing discrimination based on mental health disabilities and addictions is intended to provide clear, user-friendly guidance on how to assess, handle and resolve human rights matters related to mental health and/or addictions. All of society benefits when people with mental health or addiction disabilities are given equal opportunity to take part at all levels.

  8. Policy on HIV/AIDS-related discrimination

    November 1996 - This policy clarifies the scope of the Code's protection for persons who are or are perceived to be infected with HIV or who have contracted HIV-related illnesses. The guidelines contained in this policy are based on extensive consultations between the OHRC and a wide-ranging number of interest and advocacy groups, employer groups, services providers, and members of the medical community, including hospital administrators.
  9. Policy on drug and alcohol testing 2016

    The Ontario Human Rights Commission (OHRC) recognizes that it is a legitimate goal for employers to have a safe workplace. Safety at work can be negatively affected by many factors, including fatigue, stress, distractions and hazards in the workplace. Drug and alcohol testing is one method employers sometimes use to address safety concerns arising from drug and alcohol use. Drug and alcohol testing has particular human rights implications for people with addictions. Addictions to drugs or alcohol are considered “disabilities” under the Ontario Human Rights Code (Code). The Code prohibits discrimination against people with disabilities and perceived disabilities in employment, services, housing and other social areas.

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