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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. Top of mind - an update on human rights and mental health Vol.1

    October 10, 2011 - Discriminating against someone because of a disability – including a mental health or addiction disability – is against the law. By developing a policy, educating the public, doing public interest inquiries, and through tribunals and courts, we are identifying and trying to remove the barriers many people with mental health and addiction disabilities face. (Volume no.1 No.1)
  5. Disability and human rights (brochure)

    2011 - The Ontario Human Rights Code (the Code) provides for equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario. It applies to the areas of employment, housing, facilities and services, contracts, and membership in unions, trade or professional associations. At work, employees with disabilities are entitled to the same opportunities and benefits as people without disabilities. In some cases, they may need special arrangements or “accommodations” so they can do their job duties.

  6. Re: AODA Legislative Review

    October 30, 2009 - Dear Mr. Beer, Attached is the Submission of the Ontario Human Rights Commission (OHRC) regarding the Accessibility for Ontarians with Disabilities Act (AODA) Legislative Review. The OHRC’s observations and recommendations stem from a long history of promoting and enforcing the rights of persons with disabilities, including commenting on successive government legislation leading to the AODA.
  7. Re: Submission of the Ontario Human Rights Commission on Bill 21, an Act to regulate retirement homes

    May 14, 2010 - The Ontario Human Rights Commission (OHRC) supports the regulation of retirement homes across the province. However, we ask the Committee to consider specific recommendations to amend the Bill to enhance the ability of retirement homes providers to meet their obligations under the Ontario Human Rights Code (Code)

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