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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 MCSCS regarding data on the use of segregation

    June 15, 2016 - Dear Minister Orazietti, Congratulations on your appointment as Minister of Community Safety and Correctional Services.  The Ontario Human Rights Commission (OHRC) is looking forward to working closely with you, especially as you continue to review the use of segregation within provincial jails, as well as the treatment of immigration detainees held in provincial custody.

  2. Letter to the Ministry of Education regarding the provincial and demonstration schools consultation

    April 6, 2016 - Dear Minister, I write in regard to your Ministry’s current consultation involving certain provincial and demonstration schools for students with disabilities. Under Ontario’s Human Rights Code, students with disabilities have a right to be free from discrimination. This includes the duty to accommodate students’ disability related needs. That duty also covers the accommodation process and everyone involved.

  3. 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.

  4. Re: MCSCS Corrections Reform - Findings from Tour of Kenora Jail

    February 28, 2017 - Dear Minister Lalonde, I am writing today to provide you with a summary of what we learned. There are some issues that appear unique to the Kenora Jail that raise human rights concerns and warrant further consideration and action on the part of the Ministry of Community Safety and Correctional Services (MCSCS).  I look forward to discussing these issues further at our upcoming meeting scheduled for early March.

  5. RE: University-Mandated Leave of Absence Policy ­raises human rights concerns

    I am writing today to outline the Ontario Human Rights Commission’s concerns regarding the University of Toronto’s proposed University-Mandated Leave of Absence Policy which is being considered by the University Affairs Board tomorrow (January 30, 2018). The OHRC is concerned that the treatment of students contemplated in the Policy may result in discrimination on the basis of mental health disability contrary to the Human Rights Code.

  6. Policy on drug and alcohol testing 2016

    The Ontario Human Rights Commission (OHRC) recognizes that it is a legitimate goal for employers to have a safe workplace. Safety at work can be negatively affected by many factors, including fatigue, stress, distractions and hazards in the workplace. Drug and alcohol testing is one method employers sometimes use to address safety concerns arising from drug and alcohol use. Drug and alcohol testing has particular human rights implications for people with addictions. Addictions to drugs or alcohol are considered “disabilities” under the Ontario Human Rights Code (Code). The Code prohibits discrimination against people with disabilities and perceived disabilities in employment, services, housing and other social areas.

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