On May 31, 2016, the Court of Appeal for Ontario unanimously upheld decisions by the HRTO, which had found that Sharon Fair (Fair) had been subjected to employment-related discrimination by the Hamilton-Wentworth District School Board (the School Board) and had ordered compensation for special and for general damages ($30,000) as well as an order for Fair’s reinstatement. The HRTO’s decisions had earlier been upheld by the Divisional Court.
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.
- Policy on accessible education for students with disabilities (2018)
- Policy on drug and alcohol testing (2016)
- Policy on ableism and discrimination based on disability (2016)
- Policy on preventing discrimination based on mental health disabilities and addictions (2014)
- Policy on environmental sensitivities (Canadian Human Rights Commission, 2014)
April 2016: We are currently revising our Policy on drug and alcohol testing (2000). This summary contains some of the important points employers should be aware of in the interim. The updated policy will be available before the end of the year.
May 2009 - The Ontario Human Rights Commission has reviewed the initial proposed Employment Accessibility Standard prepared by the Employment Accessibility Standards Development Committee pursuant to the Accessibility for Ontarians with Disabilities Act (AODA). The Commission would like to raise the following issues for consideration by the Committee as it deliberates and prepares to submit to government a final proposed standard following the public consultation period.
May 22, 2009 - The Commission recognizes the hard work of the Employment Accessibility Standards Development Committee in preparing the initial proposed Standard that sets out important requirements to help workplaces become fully accessible for applicants and employees with disabilities. The Commission’s submission details a number of issues for consideration by the Committee as it works to develop the final proposed standard.
June 2014 - Mental health issues and addictions are “disabilities” that are protected under the Code. For example, the Code protects people who have anxiety disorders, panic attacks, post-traumatic stress disorder (PTSD), depression, schizophrenia, bipolar disorder, or addictions to alcohol or drugs, just to name a few.
June 1996 - The guidelines contained in this policy are intended to help applicants, employees and employers to understand their rights and responsibilities regarding employment-related medical information.
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.
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.
Year of decision: 2010
In a decision on June 16, 2010, the Human Rights Tribunal of Ontario found that the Toronto Police Services Board discriminated against a new recruit, Ariyeh Krieger, by not accommodating his mental disability to the point of undue hardship.
The Ontario Human Rights Commission (the OHRC) welcomes the opportunity to provide input into the independent mandatory review of the Accessibility for Ontarian’s with Disabilities Act, 2005 (AODA). The OHRC has a long history of engaging its broad mandate promoting and protecting the rights of persons with disabilities, including providing advice to government dating back to 1998 on the development of successive pieces accessibility legislation as well as more recent submissions on standards being developed under the AODA.