Canada was the first country in the world to protect persons with disabilities in its constitution. Disability was included in the Charter of Rights and Freedoms when it was introduced in 1982. The same year, disability was added to the Ontario Human Rights Code.
Many people have stereotypes about persons with disabilities. These stereotypes make it hard for persons with disabilities to get work. Laws about discrimination clearly say that employers can not stereotype persons with disabilities. Employers must look at what persons with disabilities can do, and to make accommodations so that they can work.
Discriminating on the basis of disability can be "direct" which would mean the denial of an employment opportunity - hiring, promotion, access to development - based on the person's disability. It can also be "indirect" or "systemic" which means that a person is denied access to opportunities due to a barrier in the workplace. Barriers may be in the physical workplace or due to inflexible workplace policies or practices such as testing procedures, work quantity quotas or hours of work.
Accommodation is a way to make sure that persons with disabilities do not face discrimination at work. Discriminating against someone with a disability can be direct or indirect.
Direct discrimination means not giving someone an opportunity at work because of their disability. Opportunities at work include being hired, getting a promotion or having training.
Indirect discrimination means that a person does not get opportunities because of a barrier in the workplace. This is also called systemic discrimination. Barriers can be physical, like not having a ramp for wheelchair access or not listing the floors in an elevator. Policies or practices at work can also be barriers if they do not recognize that people have different abilities. For example, testing procedures, work quantity quotas or hours of work can all be barriers for some people.
Disability was added to the Ontario Human Rights Code when it came into effect on June 15th, 1982. The new act replaced Ontario's original human rights law, which took effect in 1962. The new act was the first time that Ontario's human rights law had been changed.
In the late 1970s, the Ontario Human Rights Commission studied human rights in Ontario. The report of that research was called "Life Together". This report showed that there were new human rights issues in Ontario. The new law was based on this study. In the Ontario Human Rights Code gave more power to the Human Rights Commission. The new law also gave people more rights to freedom from discrimination.
The 1982 Ontario Human Rights Code protected against discrimination "because of handicap". The law said that "handicap" meant "real or perceived physical , mental retardation or impairment, mental disability or a disorder".
Since 1982, the Human Rights Code has changed. The word "handicap" has been taken out. Now the law says that people cannot be discriminated against because of "disability". The law now has a wider definition of disability, and the rights of persons with disabilities are protected in more areas.