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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. Letter to the Attorney General regarding Police record checks on potential jurors

    June 4, 2009 - The Ontario Human Rights Commission was concerned to learn this past week about broad police record checks being conducted on some jury pools. While this matter raises important issues around disclosure, impartiality, judicial fairness, privacy, and informed consent, there are also human rights implications for individuals with mental health disabilities under Ontario’s Human Rights Code.
  2. Re: Initial Proposed Employment Accessibility Standard

    May 22, 2009 - The Commission recognizes the hard work of the Employment Accessibility Standards Development Committee in preparing the initial proposed Standard that sets out important requirements to help workplaces become fully accessible for applicants and employees with disabilities. The Commission’s submission details a number of issues for consideration by the Committee as it works to develop the final proposed standard.
  3. Submission to the Employment Accessibility Standards Development Committee Regarding the Initial Proposed Employment Accessibility Standard

    May 2009 - The Ontario Human Rights Commission has reviewed the initial proposed Employment Accessibility Standard prepared by the Employment Accessibility Standards Development Committee pursuant to the Accessibility for Ontarians with Disabilities Act (AODA). The Commission would like to raise the following issues for consideration by the Committee as it deliberates and prepares to submit to government a final proposed standard following the public consultation period.
  4. Submission to the Ministry of Community and Social Services regarding the final proposed Accessible Transportation Standard

    March 2009 - The Ontario Human Rights Commission would like to congratulate the members of the Accessible Transportation Standards Development Committee for all their hard work in developing the most recent Proposed Accessible Transportation Standard. This Standard is a vast improvement over the initial standard proposed to government in 2007 and hopefully will become an important driver of change once passed into regulation under the Accessibility for Ontarians with Disabilities Act (AODA) 2005.
  5. 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.
  6. 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.
  7. 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.

  8. Submission of the Ontario Human Rights Commission Concerning barrier-free access requirements in the Ontario Building Code

    March 2002 - This submission is in response to the Ministry of Municipal Affairs and Housing’s (MAH) public consultation on the accessibility provisions of the Ontario Building Code (the “Building Code”). It has become increasingly clear to the Commission that the barrier-free requirements in the current Building Code have not been sufficient to achieve the degree of integration and full participation for persons with disabilities that is intended by the Ontario Human Rights Code (the “Human Rights Code”).
  9. OHRC Insurance consultation cover letter

    October 14, 1999 - Insurance practices routinely make distinctions based on, among other things, gender, age, marital status and disability. While many of these distinctions are based on valid business practices, others raise questions and concerns. These concerns relate to the existence of non-discriminatory alternatives to current practices and about respect for human rights.

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