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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. Ontario Divisional Court upholds right of employees with mental illness

    August 29, 2008 - The Ontario Divisional Court released a decision earlier this month upholding a discrimination ruling of the Human Rights Tribunal of Ontario in a case argued by the Commission. The Court’s decision in Lane v. ADGA Group Consultants Inc. of Ottawa warrants all our attention because it reaffirms that employees with mental health disabilities have a right to accommodation of their needs under Ontario’s Human Rights Code.
  2. "Next Stop, Accessibility" Report on the public transit stop announcements in Ontario

    April 2008 - In October 2007, in response to recent developments and ongoing concerns in the area of transit accessibility, the Commission began an inquiry into whether transit providers across the province announce transit stops. Through this initiative, the Commission hoped to improve awareness in the transit sector of the importance of announcing all stops for the purposes of inclusion and accessibility, and to secure commitments toward quickly developing and implementing stop announcement plans.
  3. Submission of the Ontario Human Rights Commission to the College of Physicians and Surgeons of Ontario Regarding the draft policy, "Physicians and the Ontario Human Rights Code"

    February 2008 - The draft policy raises a number of new concerns. The following pages detail the Commission’s concerns and provide suggestions for how to address them. We hope that our comments assist the College in providing greater clarity and ensuring that physicians have correct and sufficient information about their obligations under the Code.
  4. Human rights, disability and accessibility issues regarding visual fire alarms for people who are deaf and hard of hearing

    With the recent passage of the Accessibility for Ontarians with Disabilities Act (AODA), 2005, accessibility issues are now governed by complementary aspects of the Ontario Human Rights Code, the AODA, the Ontario Building Code and, in the case of existing buildings, the Ontario Fire Code.

  5. Submission of the Ontario Human Rights Commission to the Transportation Standards Review Committee regarding the Initial Proposed Transportation Accessibility Standard

    August 2007 - The Commission has grave concerns with significant aspects of the Transportation Standard. In a number of areas, the standard falls far short of human rights standards, not only failing to make progress towards equality for persons with disabilities, but regressing on gains previously made. The Commission urges the Committee to significantly revise the Transportation Standard in order to bring it into alignment with human rights standards and the purposes of the AODA.

  6. Backgrounder: Settlement with respect to the exhibition of movies with closed captioning

    2007 - Three complainants filed complaints against various film exhibitors and distributors regarding accessibility of movies to the deaf, deafened and hard of hearing community which were referred by the Ontario Human Rights Commission to the Human Rights Tribunal of Ontario. The complainants and the exhibitor parties (the “Exhibitors”) have agreed to a settlement which includes an incremental increase in the number of theatre complexes with the capability to exhibit movies with closed captioning.

  7. Human Rights settlement reached with Ministry of Education on Safe Schools - Terms of settlement

    WHEREAS on July 7, 2005, the OHRC initiated a complaint, number GKEA-6DUH6W, pursuant to subsection 32(2) of the Human Rights Code in the public interest and on behalf of racialized students and students with disabilities alleging that the application of the safe schools provisions of the Education Act and the Ministry’s and school boards’ policies on discipline are having a disproportionate impact on racial minority students and students with disabilities. NOW THEREFORE, the Parties agree to settle these matters as follows:

  8. Equal access for to education for students with disabilities during strikes (fact sheet)

    2007 - This Fact Sheet highlights the human rights principles that apply to the education of students with disabilities during strikes, walkouts, work stoppages or other job actions involving educational assistants. The information in this backgrounder is intended to set the stage for government, unions, school boards and others to act proactively to ensure equal access to education for students with disabilities during strikes or other work stoppages.

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