The Human Rights Code & Epilepsy
Discrimination "because of handicap" is prohibited by the Ontario Human Rights Code. The Code defines handicap as: any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness. Some examples of physical handicap are listed in the Code, and among them is epilepsy. Therefore, a person who has epilepsy is protected by law from all types of discrimination.
The Code states that the rights of a disabled person are not infringed if the right is denied because they are incapable of fulfilling essential duties or requirements because of the disability. For example, a person who has epilepsy may be denied a job if their disability makes them incapable of performing the essential duties of the job. This would be the case if a person applied for a job in a copy shop, and could not use a photocopier because of photic epilepsy - using the photocopier is an essential duty. However, photic epilepsy would not prohibit a person from performing the essential duties of an accountant if that were the case.
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