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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.

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.

Policy on discrimination and harassment because of sexual orientation

January 2006 - This policy sets out the position of the OHRC with respect to sexual orientation at the time of publication, and replaces the OHRC’s earlier policy, approved in January 2000. The policy was developed based on extensive research and community consultations, and was updated in 2006 to reflect the significant legal and legislative changes that took place after the initial document was approved. This policy deals primarily with issues that could form the basis of a human rights claim of discrimination. The policy is therefore bounded by the provisions of the Code and Canada’s legal framework for analyzing discrimination. At the same time, the policy interprets the protections in the Code in a broad and purposive manner.

Policy on scholarships and awards

July 1997 - This policy deals with scholarships or other forms of awards or grants that are available only on a limited basis to individuals who are identified by a ground set out in the Code. These grounds include race, sex, colour, religion, age and ethnic origin, to name a few. These types of scholarships or awards are called "exclusionary" because only certain individuals can apply for them, while others, who do not share the same characteristics, are excluded.

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.

Policy on creed and the accommodation of religious observances

October 1996 - Creed is a prohibited ground of discrimination under the Code. Every person has the right to equal treatment with respect to services, goods, facilities, employment, the occupancy of accommodation, the right to enter into contracts and the right to join trade unions or other vocational associations, without discrimination because of creed. These policy guidelines set out the position of the OHRC with respect to creed and the accommodation of religious observances related to a person's creed.

Policy on requiring a driver's licence as a condition of employment

September 2000 - A driver's licence contains personal information about an individual which could lead to the classification of a job applicant according to a prohibited ground of discrimination, contrary to subsection 23(2) of the Code. Therefore, unless a driver's licence is required to enable a person to perform the essential duties of a job, it should not be requested in an application form or during an employment interview.

Policy on height and weight requirements

June 1996 - Standards for height and weight are sometimes used to screen or evaluate job applicants. In the OHRC's experience, this tends to occur in recruitment for occupations that traditionally have been male dominated. These standards or selection criteria are based on the average physical stature of men in the majority population group. Women and members of racialized groups are, on the average, physically smaller than members of the majority population group. Consequently, these groups tend to be disadvantaged by height and weight criteria. The policy of the OHRC with regard to such recruitment practices is set out below. This policy applies to all height and weight criteria used in the context of employment.

Policy on discrimination and language

June 1996 - This policy statement sets out the OHRC’s position on language-based discrimination in the areas of employment, accommodation, services, contracts, and membership in trade unions, trades, occupational associations or self-governing professions. Although the Code does not explicitly identify "language" as a prohibited ground of discrimination, the Human Rights tribunal of Ontario may consider claims under a number of related grounds, such as ancestry, ethnic origin, place of origin and in some circumstances, race. In the Commission's experience, language can be an element of a complaint based on any of these grounds.

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