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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. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. The opportunity to succeed: Achieving barrier-free education for students with disabilities

    2003 - The Report provides an in-depth picture of human rights issues relating to disability and education in the province of Ontario. It outlines “Actions Required” of key players in the education system to address the practices and attitudes that limit the ability of students with disabilities to access education equally. It also includes specific Commission commitments which are steps that the Commission will take to help combat discrimination against students with disabilities. The Commission’s analysis and recommendations are informed by the comprehensive input received from stakeholders throughout the course of the consultation.
  7. The Ontario Safe Schools Act: School discipline and discrimination

    July 2003 - The main purpose of this report is to examine whether the Ontario Safe Schools Act and Regulations and the school board policies on discipline, known by some as “zero tolerance” policies, are having a disproportionate impact on racial minority students and students with disabilities. Advocates of zero tolerance argue that the policies are colour blind and fair because all the students who commit the same offence will be treated the same. Opponents point to other jurisdictions where there is data showing that suspensions and expulsions have a disproportionate impact on Black and other racial minority students and students with disabilities.
  8. "Next Stop, Accessibility" Report on the public transit stop announcements in Ontario

    April 2008 - In October 2007, in response to recent developments and ongoing concerns in the area of transit accessibility, the Commission began an inquiry into whether transit providers across the province announce transit stops. Through this initiative, the Commission hoped to improve awareness in the transit sector of the importance of announcing all stops for the purposes of inclusion and accessibility, and to secure commitments toward quickly developing and implementing stop announcement plans.
  9. Public consultation paper: Human rights and mental health strategy

    November 2009 - The OHRC is developing a human rights mental health strategy to guide its activity in addressing systemic areas of discrimination affecting people with mental health disabilities. In September 2009, the OHRC started meeting with individuals and organizations in the field regarding human rights concerns faced by people with mental health disabilities. This second stage of consultation is aimed at soliciting your views to identify key approaches, issues and projects in these areas.

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