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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. 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.
  2. Policy on preventing discrimination based on mental health disabilities and addictions

    June 2014 - The OHRC’s Policy on preventing discrimination based on mental health disabilities and addictions is intended to provide clear, user-friendly guidance on how to assess, handle and resolve human rights matters related to mental health and/or addictions. All of society benefits when people with mental health or addiction disabilities are given equal opportunity to take part at all levels.

  3. Policy statement on cannabis and the Human Rights Code

    September 2018 - Ontario’s Human Rights Code and the Ontario Human Rights Commission’s policies apply to cannabis in the same way they do for other drugs. The Code protects people who use cannabis for a medical purpose related to a disability from discriminatory treatment in employment, housing, services and other areas. The Code also prohibits discrimination against people who have or are perceived to have an addiction to cannabis based on the ground of disability.

  4. Right to Read : Ontario Human Rights Commission Inquiry into human rights issues that affect students with reading disabilities in Ontario’s public education system : Terms of reference

    Reading is a fundamental skill that students must have to navigate their school experience and their later lives. Our public schools should be able to teach students
    to read. Yet, this may not be the reality for students with reading disabilities.

  5. Summary: Hamilton-Wentworth District School Board v. Fair

    On May 31, 2016, the Court of Appeal for Ontario[1] unanimously upheld decisions by the HRTO, which had found that Sharon Fair (Fair) had been subjected to employment-related discrimination by the Hamilton-Wentworth District School Board (the School Board) and had ordered compensation for special and for general damages ($30,000) as well as an order for Fair’s reinstatement. The HRTO’s decisions had earlier been upheld by the Divisional Court.

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