Disability

The Ontario Human Rights Code prohibits discrimination "because of handicap". The various medical conditions that fall within the term "handicap" include:

• any degree of physical disability, infirmity, or disfigurement that is caused by bodily injury, birth defect or illness
• diabetes, epilepsy, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment
• a condition of mental retardation or impairment
• a learning disability or disfunction
• a mental disorder

These same physical and medical conditions would also constitute a "disability" under the Canadian Human Rights Act.

A number of decisions of human rights tribunals have made it clear that most, if not all, temporary disabilities will not constitute a "handicap" under the human rights legislation. For example, the termination of an individual's employment because they had missed two days of work due to influenza and another due to an allergic reaction was held not to amount to discrimination on the basis of handicap.

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