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, 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 and clients 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

ADDRESSING BARRIERS AND DESIGNING INCLUSIVELY

It’s 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 people and families with young children, who also benefit from increased accessibility.

Employers, unions, and employment 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.

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.

Barriers aren’t just physical. Taking steps to prevent attitudes 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, a person with a disability 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.

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, or employment service provider what your disability-related needs are as they relate to your job duties, 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, or employment 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: See the source pages for this information on the Ontario Human Rights Commission website