LAW 525 Lecture Notes - Lecture 7: Ontario Human Rights Code, Ontario Human Rights Commission, Via Rail

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Ontario human rights code (ohrc: creates rights for complainants, potential for compensation, orders to stop practice, falls within authority of section 92 (13) constitution act 1867, it is not constitutional, s. 1. Every person having legal capacity has a right to contract on equal terms without discrimination because of race, etc: has separate sections for housing and employment, s. 8. Every person has a right to claim and enforce his or her rights under this act: s. 9. Disability includes any degree of physical disability, condition of mental impairment, learning disability, a mental disorder, or injury. Disability covers visible and non-visible conditions: harder to cover non visible disability (learning ) Should be assessed individually: per code s. 17 (2), if addressing needs of persons with disability by a firm would cause undue hardship to the firm, this may be a defence. Undue hardship includes: costs quantifiable costs that affect the survival of the business, or changes its essential nature.

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