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  1. Purpose of this Policy

    From: Policy on HIV/AIDS-related discrimination

    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. Relevant sections of the Code

    From: Policy on HIV/AIDS-related discrimination

    HIV/AIDS as a disability (section 10)

    The OHRC recognizes that AIDS and other HIV-related medical conditions are disabilities under the Code. "Disability" is defined under section (s.) 10 of the Code. All persons infected with HIV or with HIV-related illness, or who are believed to have the virus, including those who are asymptomatic, are fully protected against discrimination in services (s. 1); housing (s. 2); contracts (s. 3); employment (s. 5); and membership in trade unions (s. 6).

  3. Testing

    From: Policy on HIV/AIDS-related discrimination

    Testing for HIV infection would constitute a medical examination. It is the OHRC's position that any medical examination carried out for employment purposes should focus on verifying whether or not an individual is able to perform the essential duties of a particular job.

    Employers considering any form of employment-related medical testing should refer to the OHRC's Human Rights At Work, 3rd. Ed. (2008) and the Policy on Employment-Related Medical Information.

  4. Ensuring privacy and confidentiality

    From: Policy on HIV/AIDS-related discrimination

    It is essential to ensure the maximum degree of privacy and confidentiality when medical information is legitimately required for health protection and promotion or other purposes. This applies in all situations and circumstances including hospitals, health clinics, insurance company records, employee's files, etc.

    In employment settings, all health assessment information, including HIV testing results, should remain exclusively with the examining physician and away from an employee's personnel file in order to protect the confidentiality of the information.

     

  5. Equality

    From: Policy on scholarships and awards

    Section 1 of the Code provides that every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability. Education and access to educational facilities are "services" under Code.

  6. Summary

    From: Policy on scholarships and awards

    A scholarship or award is an advantage or benefit to persons seeking employment or access to further education and training. For this reason, scholarships and other academic awards result in a benefit to some students, while excluding others who may be historically disadvantaged. Therefore, scholarships that restrict eligibility on the basis of prohibited grounds in the Code are not permissible unless the award:

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