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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. 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.
  3. 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.
  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. Submission of the Ontario Human Rights Commission Concerning barrier-free access requirements in the Ontario Building Code

    March 2002 - This submission is in response to the Ministry of Municipal Affairs and Housing’s (MAH) public consultation on the accessibility provisions of the Ontario Building Code (the “Building Code”). It has become increasingly clear to the Commission that the barrier-free requirements in the current Building Code have not been sufficient to achieve the degree of integration and full participation for persons with disabilities that is intended by the Ontario Human Rights Code (the “Human Rights Code”).
  6. 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.

  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.

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