Language selector

duty to accommodate

Appropriate accommodation

From: Guidelines on accessible education

Basic principles

It is the OHRC’s position that the duty to accommodate requires that the most appropriate accommodation be determined and then undertaken, short of undue hardship. The most appropriate accommodation is one that most respects the dignity of the student with a disability, meets individual needs, best promotes inclusion and full participation, and maximizes confidentiality.

Roles and responsibilities

From: Guidelines on accessible education

Often, a number of parties might be involved in the accommodation process rendering it quite complex. Everyone should co-operatively engage in the process, share information and avail themselves of potential accommodation solutions. It is in everyone’s best interests that congenial and respectful relationships be maintained throughout the accommodation process.

The student with a disability (or his or her parent/guardian) has a responsibility to:

Duty to Accommodate

From: Human Rights and rental housing in Ontario: Background paper

Under the Code, housing providers have a duty to accommodate the Code-related needs of tenants, to ensure that the housing they supply is designed to be inclusive of persons identified by Code grounds, and to take steps to remove any barriers that may exist, unless to do so would cause undue hardship. Costs will amount to undue hardship if they are quantifiable, shown to be related to the accommodation, and so substantial that they would alter the essential nature of the enterprise or so significant that they would substantially affect its viability.

VI. The Duty to Accommodate

From: Policy and guidelines on discrimination because of family status

The duty to accommodate will only arise where a prima facie case of discrimination on the basis of family status has been demonstrated, as discussed above. Generally, the duty to accommodate will only become an issue in cases where rules, policies, practices, or institutional structures, assumptions or culture are perpetuating or leading to the disadvantage of persons identified by a particular family status.

Services

From: Human rights and the family in Ontario

Section 1 of the Code prohibits discrimination based on family status in the social areas of services, goods and facilities. This is an extremely broad social area, covering everything from corner stores and shopping malls, to education, health services and public transit. The issues are therefore also extremely diverse. However, very little attention has been paid to these issues.

Housing

From: Human rights and the family in Ontario

The ground of family status was added to the Code in 1982. Until 1986, the Code contained an exception permitting residential buildings or parts of residential buildings to be designated as adult only. Unlike in the areas of employment and services, there has been significant litigation regarding family status issues in the area of housing, particularly in the Ontario context.

Employment

From: Human rights and the family in Ontario

Employment and family often entail competing responsibilities: spouses or partners fall sick, daycare arrangements fall through, an aging parent needs help in making a transition to assisted living arrangements. For many workers, daily life involves a complicated juggling act between the demands, deadlines and responsibilities of the workplace, and the needs of their families.

VIII. Roles and responsibilities

From: The cost of caring: Report on the consultation on discrimination on the basis of family status

The ground of family status raises wide-ranging and complex issues. It is clear from this consultation that individuals with caregiving responsibilities face a range of systemic barriers to full participation in employment, housing and services. The Commission heard that families cannot, on their own, resolve all of these barriers. Addressing them will require a coordinated approach from government, employers, housing providers, service providers, and the Commission itself.

Pages

Subscribe to RSS - duty to accommodate