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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. Accommodating students with disabilities - Principles (fact sheet)

    2000 - Once a disability-related need has been identified, or a case of discrimination has been established, education providers have a duty to accommodate the needs of students with disabilities, unless to do so would cause undue hardship. Accommodation is a means of preventing and removing barriers that impede students with disabilities from participating fully in the educational environment. Accommodation involves three principles: dignity, individualization and inclusion.

  2. Accommodating students with disabilities - Roles and responsibilities (fact sheet)

    2000 - The Ontario Human Rights 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. Education providers have a duty to accommodate students with disabilities up to the point of undue hardship. Students with disabilities are not always being provided with appropriate accommodation, and, in some cases, are falling victim to disputes between the various parties responsible for accommodation. The accommodation process is a shared responsibility.

  3. 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.

  4. Consultation report: Human rights and public transit services in Ontario

    March 2002 - This Report is based on the many and varying viewpoints presented to the OHRC in the course of its public consultation on accessible public transportation in Ontario. Conventional and paratransit systems are examined in depth, in terms of the human rights principles that apply, the issues raised, and the impact on older persons, persons with disabilities, and families with young children. Three key issues raised throughout the consultation were funding, standards, and roles and responsibilities. These issues are examined in depth.

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