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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. Consultation paper: Undue hardship standard and voluntary assumption of risk

    1999 - The purpose of this consultation is to solicit your views on proposed revisions to the Guidelines on Assessing Accommodation Requirements for Persons with Disabilities. There are two substantive issues that are being considered for revision at this time. As well, the Commission is seeking your input as to any issues that should be addressed in the Guidelines.

  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. 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.
  4. Backgrounder - Human rights and public transit

    2002 - Under the Ontario Human Rights Code, every citizen of Ontario has a right to equal treatment in receiving public services, which include public transit services.Transit providers have a legal responsibility to ensure that transit systems are accessible to all Ontarians. For many, access to public transit is a necessity - in order to obtain an education, find and keep a job, or use basic public services like health care.

  5. 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.

  6. Whether the para-transit services provided by public transit services in the cities of Toronto, Hamilton, London, and Windsor are special programs under the Ontario Human Rights Code

    2006 - Public transit in cities across Ontario is fundamental to the ability of many people to participate meaningfully in the life of their communities. Public transportation is used to access employment, education, public and social services and community activities. Equal access by persons with disabilities to public transportation is a right protected under the Ontario Human Rights Code (“Code”). Equal access to transit services in not a reality for many citizens of the Province and despite its importance in our daily lives, barriers to public transit services remain.

  7. Backgrounder - Restaurant accessibility and the Ontario Building Code

    July 2006 - The Ontario Human Rights Code creates a right to barrier-free restaurants, shops, hotels, movie theatres and other public places, and obliges businesses operating in Ontario to make their facilities accessible. A failure to provide equal access to a facility or equal treatment in a service constitutes a violation of the Human Rights Code. The only available defence to such discrimination is showing that providing access or services would constitute undue hardship having regard to cost, outside sources of funding, or health and safety factors.

  8. Consultation paper: Education and disability - Human Rights issues in Ontario's education system

    2006 - Education is central to the life of an individual in the community. It provides opportunities for personal, social, and academic growth and development. It sets the stage for later life experiences, most especially in employment. It is also an important venue for integration into the life of the community.

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