The updated Policy on Ableism and
Discrimination based on Disability establishes that «disability» is a broad and constantly evolving term under section 10 of the Ontario Human Rights Code («Code»).
Not exact matches
To
establish a clear and comprehensive prohibition of
discrimination on the
basis of
disability.
Rather unsurprisingly, the CJEU also dismisses the argument that
discrimination on the ground of obesity is prohibited under Article 21 of the Charter of Fundamental Rights of the European Union (EU Charter), which
establishes that «
discrimination based on any ground such as -LRB-...)
disability» is prohibited.
In appropriate cases, where such individuals can
establish discrimination based on an employer policy or conduct, then they certainly are entitled to remedies under the human rights legislation, including the duty to accommodate their
disability unless it amounts to an undue hardship.
Since the employee could
establish a prima facie case of
discrimination by proving that a) she had, or was perceived to have, a
disability, b) she received adverse treatment, and c) her
disability was a factor in the adverse treatment, the employee's allegation that the employer discriminated against her
on the
basis of
disability when they terminated her employment was upheld.