DEFINITION: Disability Discrimination in Canada refers to any unfair treatment or unequal opportunities faced by individuals with disabilities, based on their disability, either in the workplace, in accessing goods, services, or housing, or in any other aspects of their daily lives. It is a violation of human rights and is prohibited by various federal and provincial laws in Canada.
FAQs:
1. What constitutes disability discrimination in Canada?
Disability discrimination in Canada can occur in various forms, such as denying employment or promotions based on disability, refusal to provide reasonable accommodations, inaccessible buildings or transportation, or unequal treatment in accessing services or housing solely based on disability.
2. Are all disabilities protected under Canadian law?
Yes, Canadian laws protect individuals with all types of disabilities, including physical, sensory, cognitive, mental health, and invisible disabilities. The protection applies to both visible and hidden disabilities.
3. What laws protect against disability discrimination in Canada?
The primary legislation that protects against disability discrimination in Canada is the Canadian Human Rights Act, which applies to federally regulated organizations. Each province and territory also has its own human rights legislation that covers areas not governed by federal jurisdiction.
4. What is a reasonable accommodation for individuals with disabilities?
A reasonable accommodation refers to modifications or adjustments made in the workplace or other environments to enable individuals with disabilities to perform their job or access services. This may include providing accessible formats, assistive devices, flexible work hours, modified duties, or physical accessibility modifications.
5. Can an employer refuse to hire someone with a disability?
No, it is illegal for an employer to refuse to hire or promote someone solely based on their disability if they are qualified and capable of performing the job with or without reasonable accommodations. Employers must assess applicants on their abilities, skills, and qualifications.
6. What should I do if I believe I have been discriminated against due to my disability?
If you believe you have been discriminated against due to your disability, you should consider filing a complaint with the appropriate human rights commission or tribunal in your province or territory. They will guide you through the process of lodging a complaint and seeking a resolution.
7. What remedies are available to victims of disability discrimination?
Victims of disability discrimination may be entitled to remedies such as compensation for any lost wages or benefits, reinstatement or promotion, reasonable accommodation, damages for pain and suffering, or changes in policies and practices to prevent future discrimination. The available remedies vary depending on the specific case and jurisdiction.