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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 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.

  2. Letter to MCSCS regarding data on the use of segregation

    June 15, 2016 - Dear Minister Orazietti, Congratulations on your appointment as Minister of Community Safety and Correctional Services.  The Ontario Human Rights Commission (OHRC) is looking forward to working closely with you, especially as you continue to review the use of segregation within provincial jails, as well as the treatment of immigration detainees held in provincial custody.

  3. By the Numbers: A statistical profile of people with mental health and addiction disabilities in Ontario

    October 2015 - This report highlights the unique disadvantages that people with mental health and addiction disabilities experience in different social and economic areas. Showing these disadvantages can help policy makers, government, researchers, disability groups and service providers in their work to protect the human rights of people with disabilities, including people with mental health or addiction disabilities. The OHRC hopes that this report will be used as a tool to promote change to close these gaps.

  4. OHRC remarks to the Ontario Legislative Standing Committee on Social Policy regarding Bill 13 and Bill 14

    I am here today on behalf of the Ontario Human Rights Commission to indicate our general support for this proposed legislation.Let there be no doubt. Bullying is a critical human rights matter. Ontario’s Human Rights Code is Ontario’s highest law. All schools, including public, Catholic and private, have a legal duty to provide students with an educational environment free from harassment and other forms of discrimination because of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status or disability and sex including gender identity.

  5. OHRC remarks to the Ontario Legislative Standing Committee on Social Policy regarding Bill 13 and Bill 14

    Ontario’s Human Rights Code is Ontario’s highest law. All schools, including public, Catholic and private, have a legal duty to provide students with an educational environment free from harassment and other forms of discrimination because of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status or disability and sex including gender identity. Bullying is a form of harassment within the meaning of the Code.

  6. 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: