DISABILITY

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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 and applies to the areas of employment, housing, facilities and services, contracts, and membership in unions, trade or professional associations.

In the workplace, employees with disabilities are entitled to the same opportunities and benefits as people without disabilities. In some circumstances, employees with disabilities may require special arrangements or “accommodations” to enable them to fulfill their job duties.

Customers, clients and tenants with disabilities also have the right to equal treatment and equal access to facilities and services. “Facilities and services” could be restaurants, shops, hotels, and movie theatres, as well as apartment buildings, transit and other public places. Public and private educational providers also need to make sure their facilities and services are accessible and that appropriate accommodation is available for students with disabilities.

Ensuring persons with disabilities have equal opportunity and access will help to avoid human rights complaints.

DEFINING DISABILITY

“Disability” covers a broad range and degree of conditions, some visible and others not. A disability may have been present from birth, caused by an accident, or developed over time. It includes physical, mental, and learning disabilities, mental disorders, hearing or vision disabilities, epilepsy, drug and alcohol dependencies, environmental sensitivities, as well as other conditions.

Under the Code, protection from discrimination because of disability includes past, present and perceived conditions. For example, a person who experiences discrimination because she is a recovered alcoholic is protected by the Code, as is a person whose condition does not limit his workplace abilities but who is believed to be at greater risk of having limitations in the future.

ADDRESSING BARRIERS AND DESIGNING INCLUSIVELY

Persons with disabilities face many kinds of barriers on a daily basis. These can be physical, attitudinal or systemic. It is more effective to identify and remove barriers voluntarily rather than waiting to respond to individual accommodation requests or complaints.

Identifying and removing barriers also makes good business sense. In addition to responding to the needs of customers or employees with disabilities, barrier removal enables fuller participation by others, such as older persons and families with young children, who also benefit from increased accessibility.

Employers, unions, landlords and service providers can start by conducting an accessibility review of their facilities, services and procedures to see what barriers exist. An accessibility plan can then be developed and immediate steps taken to begin removing barriers. Developing an accessibility policy and a complaints procedure will also help to address existing barriers and avoid creating new ones.

In fact, the best way to prevent barriers is to design inclusively. This means that when planning new facilities, undertaking renovations, purchasing computer systems or other equipment, launching Web sites, setting up policies and procedures, or offering new services, design choices should be made that avoid creating barriers for persons with disabilities.

Keep in mind that barriers aren’t just physical. Taking steps to prevent “ableism” – attitudes in society that devalue and limit the potential of persons with disabilities – will help promote respect, dignity and the full participation of persons with disabilities in the life of the community.

THE DUTY TO ACCOMMODATE

Even when facilities and services are designed as inclusively as possible, some persons with disabilities may still require an accommodation to meet their individual needs. The “duty to accommodate” is the legal obligation that employers, unions, landlords and service providers have under the Code to meet the needs of persons with disabilities. The goal of accommodation is to allow equal benefit from and participation in services, housing, or the workplace.

Accommodation is a shared responsibility. Everyone involved, including the person seeking accommodation, should co-operate in the process, exchange relevant information, and explore accommodation solutions together.

There is no set formula for accommodating people with disabilities. Though certain accommodations can benefit many, individual needs must still be considered each time an accommodation request is made. A solution for one person may not work for someone else. Some examples of accommodations include:

Increased flexibility in work hours or break times
Providing reading materials in alternative formats including digitized text, Braille or large print
Providing sign language interpreters or real time captioning for persons who are deaf, deafened or hard of hearing so they can participate in meetings
Installing automatic entry doors and making washrooms accessible in the workplace or the common areas of a condominium
And depending on the circumstances, job restructuring, retraining or assignment to an alternative position

Many accommodations can be made easily, and at minimal cost. In some cases, immediate implementation of the most appropriate solution might result in “undue hardship” because of costs or health and safety factors. There is still a duty to consider and implement next-best measures that would not result in undue hardship. Such measures should be taken only until more ideal solutions can be put in place or phased in.

RESPONSIBILITIES IN THE ACCOMMODATION PROCESS

As a person with a disability:

Tell your employer, union, landlord, or service provider what your disability-related needs are as they relate to your job duties, tenancy, or the services being provided
Provide supporting information about your disability-related needs, including medical or other expert opinions where necessary
Participate in exploring possible accommodation solutions

As an employer, union, landlord, or service provider:

Accept requests for accommodation from employees, tenants, and clients in good faith
Request only information that is required to provide the accommodation. For example: You need to know that an employee’s loss of vision prevents them from using printed material, but you do not need to know they have diabetes
Take an active role in examining accommodation solutions that meet individual needs
Deal with accommodation requests as quickly as possible, even if it means creating a temporary solution while a long-term one is developed
Maximize confidentiality for the person seeking accommodation and be respectful of his or her dignity
Cover the costs of accommodations, including any necessary medical or other expert opinion or documentation

FOR MORE INFORMATION

Please consult the Ontario Human Rights Commission’s Policy and Guidelines on Disability and the Duty to Accommodate, Human Rights at Work, as well as other policies, guidelines, reports and submissions that address disability issues in the areas of education, restaurants, the Building Code, public transit, and older persons, available on the Commission’s Web site at www.ohrc.on.ca.

If you have questions about any of your rights or responsibilities under the Code or are considering filing a complaint, please call in confidence during regular office hours from Monday to Friday.

Toll free: 1-800-387-9080
TTY: 1-800-308-5561
E-mail: info@ohrc.on.ca