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duty to accommodate

Academic accommodation: New OHRC inquiry report on systemic barriers for post-secondary students with mental health disabilities

June 8, 2017

Toronto – Today, the Ontario Human Rights Commission (OHRC) released With learning in mind, a new inquiry report that describes systemic barriers that students with mental health disabilities experience in post-secondary schools. It also outlines the changes the OHRC called for in college and university policies and programs, and the progress these institutions have made in implementing the changes.

Policy statement on religious accommodation in schools

March 2017 - Education providers are responsible for many things, including delivering a curriculum, managing the various other aspects of educational services, ensuring student safety, fostering pluralistic environments that respect human rights, and managing tension and conflict as they arise in the school setting. Schools ought to be a place for healthy discussions about acceptance and where a diversity of views can co-exist. Educators should communicate messages about difference in a fair and respectful manner and be sensitive to the views of everyone protected by the Ontario Human Rights Code. Students, staff and parents should realize that they cannot reasonably expect their own views and beliefs to be respected if they are not willing to respect the views and beliefs of others.

OHRC policy position on medical documentation to be provided when a disability-related accommodation request is made

Under the Ontario Human Rights Code (Code), employers, 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 at work, at school, in housing, or any of the other “social areas” covered by the Code.

Cole v Ontario (Health and Long-Term Care) : Challenging the funding limits to live in community settings

Background

The applicant, Ian Cole, is a middle-aged man with a severe intellectual disability who lives in the community. To live in the community, Mr. Cole depends on the receipt of nursing services. The primary source of funding for the nursing services is his local Community Care Access Centre (CCAC). The maximum funding for nursing services is set out in a regulation made under the Home Care and Community Services Act, 1994.  At the time the application was filed, funding was available for nursing services to a maximum of four visits per day.

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.

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