It wasn't until the Americans with Disabilities Act was passed in 1990 that individuals were legally protected against
discrimination based on disabilities in all areas of public life, including jobs, schools, transportation, and public and private places that are open to the general public.
Supreme Court of Canada Decision: No Prima Facie Discrimination The Supreme Court dismissed the appeal, with the majority confirming that the employer terminated Stewart for breaching the Policy's requirement to disclose his drug use, and that
discrimination based on his disability was not a factor in the termination of his employment.
Employers should review the Commission's policy position and Policy on ableism and
discrimination based on disability and assess whether their current policies and practices are in compliance.
This policy position supplements and reaffirms section 8.7 of the Commission's Policy on ableism and
discrimination based on disability, which was released in September 2016.
«Accommodation providers must attempt to help a person who is clearly unwell or perceived to have a disability by inquiring further to see if the person has needs related to a disability and offering assistance and accommodation,» according to the OHRC's Policy on ableism and
discrimination based on disability.
The OHRC's Policy on ableism and
discrimination based on disability policy on ableism and discrimination based on disability, released in September 2016, updated the policy and guidelines on disability and the duty to accommodate of 2001; at 99 pages, it is two and a half times as long as the version released 15 years earlier.
Both the Policy on Ableism and
Discrimination based on Disability and the Policy on Drug and Alcohol Testing provide timely guidance for employers facing a range of human rights obligations in the workplace.
On Thursday, September 29, 2016, the Ontario Human Rights Commission («OHRC») launched the OHRC's Policy on Ableism and
Discrimination based on Disability.
The policy statement refers to the Commission's 2016 Policy on ableism and
discrimination based on disability («Policy»), which we wrote about in the latest edition of In the Know.
This Policy Statement supplements the Policy on Ableism and
Discrimination Based on Disability (Policy) that the Commission issued last September.
Anne Lemay, also in our Ottawa office, has reviewed the new Policy Statement recently issued by the Ontario Human Rights Commission to provide guidance on disability - related accommodation, as a supplement to its Policy on Ableism and
Discrimination based on Disability.
It puts a heavier burden of proof on workers injured by chronic mental stress than any other workplace injury or disease and that is not fair — it is
discrimination based on disability and therefore violates the Charter of Rights.