9. Undue hardship
8. Duty to accommodate
Under the Code, employers and 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. Accommodation is necessary to ensure that people with disabilities have equal opportunities, access and benefits. Employment, housing, services and facilities should be designed inclusively and must be adapted to accommodate the needs of a person with a disability in a way that promotes integration and full participation.
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7. Reprisal
6. Forms of discrimination
6.1 Direct, indirect, subtle and adverse effect discrimination
Discrimination may take many different forms. For example, it may take place in a direct way. It can happen when individuals or organizations specifically exclude people with disabilities in housing, employment or services, withhold benefits that are available to others, or impose extra burdens that are not imposed on others, without a legitimate or bona fide reason. This discrimination is often based on negative attitudes, stereotypes and bias about people with disabilities.
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5. Establishing discrimination
The Code does not provide a definition of discrimination. Instead, the understanding of discrimination has evolved from case law. To establish prima facie discrimination (discrimination on its face) under the Code, a claimant must show that:
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4. Intersecting grounds
Discrimination may be unique or distinct when it occurs based on two or more Code grounds. Such discrimination is said to be “intersectional.” The concept of intersectional discrimination recognizes that people’s lives involve multiple interrelated identities, and that marginalization and exclusion based on Code grounds may exist because of how these identities intersect.
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3. Legal framework
3.1 Ontario Human Rights Code
3.1.1 Protections
Under the Code, people with disabilities are protected from discrimination and harassment based on disability in five “social areas”:
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2. What is disability?
Defining disability is a complex, evolving matter. The term “disability” covers a broad range and degree of conditions. A disability may have been present at birth, caused by an accident, or developed over time. Section 10 of the Code defines “disability” as:
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1. Introduction
It is an unfortunate truth that the history of disabled persons in Canada is largely one of exclusion and marginalization.
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Hockey Canada’s Ontario branches take important step towards transgender inclusion
Toronto — Hockey Canada, through its Ontario branches, ushers in a new era of transgender inclusion in time for the 2016-2017 hockey season by posting transgender inclusive policies. This step is part of a settlement agreement between Hockey Canada, on behalf of its Ontario members, the Ontario Human Rights Commission (OHRC) and Jesse Thompson, a trans teenaged boy who played amateur hockey and courageously decided to take on the system.
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Discrimination based on disability and the duty to accommodate: Information for service providers
People with disabilities have the right to be free from discrimination when they receive goods or services, or use facilities. “Services” is a broad category and can include privately or publicly owned or operated services.
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Discrimination based on disability and the duty to accommodate: Information for housing providers
People with disabilities have the right to be free from discrimination in housing (“accommodation”). The Code applies to every part of buying or renting housing. This includes private, social, supportive and co-operative housing. When renting a place to live, the Code covers...
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Discrimination based on disability and the duty to accommodate: Information for employers
In employment, people with disabilities are entitled to the same opportunities and benefits as everyone else. “Employment” includes employees, independent contractors and volunteers. The Code prohibits discrimination based on someone’s disability in all aspects of the employment relationship.
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Drug and alcohol testing (brochure 2016)
The Ontario Human Rights Code
The Ontario Human Rights Code (Code) provides for equal rights and opportunities and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario.
The Code prohibits discrimination against people with disabilities and perceived disabilities in employment, services, housing and other social areas. Under the Code, disabilities include addictions to drugs and alcohol.
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Disability and human rights (brochure 2016)
Ontario’s Human Rights Code
The Ontario Human Rights Code (the Code) provides for equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario. It applies to the areas of employment, housing, facilities and services, contracts, and membership in unions, trade or professional associations.
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Policy on ableism and discrimination based on disability
The OHRC’s Policy on ableism and discrimination based on disability is intended to provide clear, user-friendly guidance on how to assess, handle and resolve human rights matters related to disability. All of society benefits when people with disabilities are encouraged and empowered to take part at all levels.
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OHRC offers assistance to National Inquiry into Missing and Murdered Indigenous Women and Girls
I am writing today to encourage you to adopt a broad human rights interpretation of the National Inquiry’s Terms of Reference and to offer our support as you pursue your important mandate.
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Prisoners' Justice Day: Significant barriers to progress remain 42 years later
On August 10, 1974, Edward Nolan died by suicide in a segregation cell at Millhaven Institution in Bath, Ontario. Each year on August 10, we commemorate Prisoners' Justice Day to remember Nolan and all of the prisoners who have died in custody, and to renew calls to respect the basic human rights of prisoners housed in jails, correctional centres, and penitentiaries across the country.
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Letter to Minister Orazietti regarding Street Checks Regulation
The OHRC is writing today to provide its comments on the Regulation in the hopes that they will be of assistance when it comes time to review the Regulation.
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Access to locker rooms for trans amateur hockey players: J.T. v. Hockey Canada et. al.
Background
This case involved a transgender boy, Jesse Thompson, who was denied access to the boys’ locker room the rest of his amateur hockey team used during the 2012-2013 hockey season. Jesse alleged that this resulted in him being ‘outed’ as trans, excluded from important team interaction and bonding, and exposed to harassment and bullying.
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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.
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Open Data
Ontario’s Open Data DirectiveUnder Ontario’s Open Data Directive, provincial agencies are required to post a public Data Inventory of all the data sets they create, collect and/or manage.Rules, laws and directives for provincial agenciesOpen Data Directive
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TEST
OHRC and HRPA webinar on preventing discrimination based on creed
OHRC and HRPA webinar on preventing discrimination based on creed for HR professionals.
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OHRC calls on police prosecutor to address racial profiling in Neptune 4 case
Toronto – The Toronto Police Service Disciplinary Tribunal has denied the Ontario Human Rights Commission’s motion for leave to intervene in the Neptune 4 case on jurisdictional grounds.
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