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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 accessible education for students with disabilities


    The Ontario Human Rights Code  recognizes the importance of creating a climate of understanding and mutual respect for the dignity and worth of each person, so that each person can contribute fully to the development and well-being of the community and the Province. The Code guarantees the right to equal treatment in education, without discrimination on the ground of disability, as part of the protection for equal treatment in services.

    This Policy replaces the Guidelines on accessible education (2004).

  2. 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.

  3. Settlement relating to Toronto Police Service Memorial Wall

    November 11, 2015 - the Ontario Human Rights Commission (OHRC) filed an Application with the Human Rights Tribunal of Ontario (HRTO) alleging discrimination in employment based on disability because of the Toronto Police Service’s (TPS) failure to include on its Memorial Wall officers who end their lives as a result of a mental health disability incurred in the line of duty. On April 18, 2017 a settlement was reached with the following terms...

  4. OHRC policy position on medical documentation to be provided when a disability-related accommodation request is made

    Under the Ontario Human Rights Code (Code), employers, unions, housing providers and service providers have a legal duty to accommodate the needs of people with disabilities who are adversely affected by a requirement, rule or standard at work, at school, in housing, or any of the other “social areas” covered by the Code.

  5. 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.

  6. 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.

  7. 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:

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