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Policy on requiring a driver's licence as a condition of employment

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Approved by the OHRC: June 19, 1996
Revised version approved by the OHRC: September 27, 2000
(Please note: minor revisions were made in December 2009 to address legislative amendments resulting from the Human Rights Code Amendment Act, 2006, which came into effect on June 30, 2008.)

Available in other accessible formats on request


The Ontario Code states that it is public policy in Ontario to recognize the inherent dignity and worth of every person and to provide for equal rights and opportunities without discrimination. The provisions of the Code are aimed at creating a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and feels able to contribute to the community.

Subsection 5(1) of the Code prohibits discrimination in employment on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability.

In addition, subsection 11(1) of the Code establishes that the right of a person is infringed where a requirement, qualification or factor exists that is not a prohibited ground of discrimination, but results in the exclusion or restriction of a group of persons who are identified by a prohibited ground of discrimination, unless the requirement or factor is reasonable and bona fide (in good faith).

Subsection 23(2) of Code, prohibits the use of application forms, or written or oral inquiries, which directly or indirectly classify or indicate qualifications of an applicant as being a member of a group that is protected from discrimination.

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