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1. Special report: gender identity and gender expression

   From: Annual report 2013-2014: OHRC Today

   New policy protects human rights of trans and gender-diverse people

   The OHRC launched an im­portant new policy in Spring 2014, the Policy on preventing discrimination because of gender identity and gender expression. This policy fol­lowed the 2012 amendment to the Human Rights Code to add the grounds of gender identity and gender expres­sion. This change provides protection for one of the most vulnerable and margin­alized communities in society.

2. Appendix 1 - Recommendations

   From: From Impact to Action: Final report into anti-Black racism by the Toronto Police Service

   The OHRC’s recommendations consist of actions the TPS and TPSB must take to:

   • address systemic racial discrimination, racial profiling, and anti-Black racism
   • be held accountable for their implementation, and
   • improve outcomes for Black communities.

   The recommendations are informed by OHRC’s findings through the course of our Inquiry. They are based on research and consultations with:

3. 15. Other limits on the duty to accommodate [256]

   From: Policy on preventing discrimination based on mental health disabilities and addictions

   While the Code specifies that there are only three factors that will be considered when determining whether the test for undue hardship has been met (cost, outside sources of funding and health and safety issues), in some cases, courts and tribunals have recognized that even where these three factors are not at issue, there is not a limitless right to accommodation.[257] There may be other narrow circumstances where it may not be possible to accommodate a person’s addiction or mental health disability.

4. 10. Other limits on the duty to accommodate

   From: Policy on ableism and discrimination based on disability

   While the Code specifies that there are only three factors that will be considered when determining whether the test for undue hardship has been met (cost, outside sources of funding and health and safety issues), in some cases, courts and tribunals have recognized that even where these three factors are not at issue, there is not a limitless right to accommodation.^[275] There may be other narrow circumstances where it may not be possible to accommodate a person’s disability.

5. The duty to accommodate

   From: Policy on creed and the accommodation of religious observances

   The Code provides the right to be free from discrimination, and there is a general corresponding duty to protect the right: the ”duty to accommodate.” The duty arises when a person's religious beliefs conflict with a requirement, qualification or practice. The Code imposes a duty to accommodate based on the needs of the group of which the person making the request is a member. Accommodation may modify a rule or make an exception to all or part of it for the person requesting accommodation.

6. Application in the transit context

   From: Whether the para-transit services provided by public transit services in the cities of Toronto, Hamilton, London, and Windsor are special programs under the Ontario Human Rights Code

   Applying the principles articulated above, in the context of the public transit services currently provided in the 4 identified communities, it is the position of staff of the Commission that the para-transit services in these communities are not special programs within the meaning of section 14(1) of the Code.  Rather, these services are measures provided pursuant to the duty to accommodate under the Code.  A special program, in the view of Commission staff, is one that is “extra”, or in addition to, that which is required under the duty to accommodate.

7. 8. Duty to accommodate

   From: Policy on ableism and discrimination based on disability

   Under the Code, employers and 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. Accommodation is necessary to ensure that people with disabilities have equal opportunities, access and benefits. Employment, housing, services and facilities should be designed inclusively and must be adapted to accommodate the needs of a person with a disability in a way that promotes integration and full participation.

8. Disability [32]

   From: Guide to your rights and responsibilities under the Human Rights Code

   Accommodation and undue hardship

   There is a test to decide if the Code requires an employer, service provider (such as the TTC), landlord or other person to accommodate a person with a disability. In this section, “accommodation” means meeting the needs of a person with a disability.

9. 4. The duty to accommodate

   From: Policy and guidelines on disability and the duty to accommodate

   4.1 General principles

   4.1.1 Respect for dignity

   The duty to accommodate persons with disabilities means accommodation must be provided in a manner that most respects the dignity of the person, if to do so does not create undue hardship.^[19] Dignity includes consideration of how accommodation is provided and the individual’s own participation in the process.

10. 6. Duty to accommodate

    From: Policy on preventing discrimination because of pregnancy and breastfeeding

    Women should not have to choose between their own health, or the health of their baby, and their jobs, housing or being able to take part in a service. For example, a human rights tribunal noted the importance of accommodating breastfeeding women at work:

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