Epilepsy Ontario :: Ontario Human Rights Code

Ontario Human Rights Code

The Ontario Human Rights Code clearly states that, except when a disability renders a person incapable of performing the essential duties of a job, it is illegal for an employer to discriminate against a person because that person has, or used to have, a disability, or because someone thinks s/he has or used to have a disability.

Types of Disability Protected by the Code

"any degree of physical disability...or disfigurement caused by...injury, illness or birth defect...including diabetes mellitus, epilepsy, ...paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog, or on a wheelchair or other remedial appliance or device" [Part II, Section 10 (1) a]
"mental retardation or impairment" [Part II, Section 10 (1) b]
"learning disability or any dysfunction...in understanding or using symbols or spoken language" [Part II, Section 10 (1) c]
"mental disorder" [Part II, Section 10 (1) d]
"an injury or disability for which benefits were claimed or received under...[Ontario's] Workplace Safety and Insurance Act 1997" [formerly Workers' Compensation] [Part II, Section 10 (1) e]

It is very important that each person with a seizure disorder understands the law so s/he will receive fair treatment in the workplace.

Questions on Application Forms

In Ontario, it is illegal for an employer to ask questions about medical problems on an employment application form. Unfortunately, some employers continue to put these questions on application forms. They are violating the Human Rights Code by doing so. A person with epilepsy or any other health condition is not required to respond to such questions.

Questions at a Job Interview

During an interview, an employer is allowed to ask certain question about a candidate's medical status. The Ontario Human Rights Code permits only questions related to the ability of a candidate to perform the essential duties of the job. For example, it is not permissible for an employer to ask a question such as, " Do you have epilepsy? " during an interview.

If you are asked a question that you feel is inappropriate according to the provincial and/or federal human rights codes, then perhaps the best approach is to say, "I'm not sure how to answer that question. Can you explain how it is relevant to the position I am applying for? " The employer may take this hint gracefully and not to press the point. Or s/he may be able to prove that the question is appropriate and relates to a reasonable qualification for the job.

Dismissal

Both federal (Canada) and provincial (Ontario) human rights codes prevents employers from firing on the basis of disability. However, employers sometimes use other reasons to mask a discriminatory termination.

If you feel that you have lost your job because of your epilepsy – whether or not your employer admits to it – you have the right to use the Human Rights Commission's complaint process. Contact your local office of the Ontario Human Rights Commission.

How to Handle Discrimination

If you believe that you have been discriminated against or harassed because of having epilepsy, you may complain to the Human Rights Commission. Their officers will be available to discuss the problem.

You must file a complaint within 6 months of the incident in order for it to be valid.

Ontario Human Rights Commission

http://www.ohrc.on.ca