Disability Law Primer (PDF) - ARCH Disability Law Centre
cultural mores carry within them value assumptions that contribute to discrimination in ways that are substantially or entirely ...
Social context evidence or expert evidence may also be helpful in order to establish the systemic nature of the discrimination. ...
Universal design reflects a focus on ensuring that the environment is equally available, appealing and useful to a diverse popul ...
If a human rights application is not dismissed, settled through mediation, or otherwise resolved, the application will proceed t ...
may have knowledge of facts or possess evidence of discrimination that is not accessible to applicants.^121 The applicant need n ...
Anti-discrimination jurisprudence, pursuant to statutory human rights regimes, and equality jurisprudence, pursuant to s.15 of t ...
A review of Tribunal decisions that have been released since Moore indicates that the Tribunal is most often not importing a com ...
B. Justification of Discrimination Respondent Provided Appropriate Accommodation Where the applicant makes out a prima facie c ...
Accommodation Would Have Resulted in Undue Hardship Another justification open to respondents is to establish that it was not ...
It happens that respondents will try to justify unequal treatment by blaming “others” for their actions, but, where they do, the ...
concerns are real and impossible to avoid.^145 Health and safety concerns cannot be impressionistic or speculative.^146 Responde ...
employer has only to demonstrate that it was impossible to accommodate an employee short of undue hardship, not that it was impo ...
the Court of Appeal for Ontario held that section 14 has two purposes: (1) protection of affirmative action programs from attack ...
people who have extra dietary costs related to therapeutic diets prescribed by their health care professionals. In 2005, there w ...
para-transit is a form of accommodation that can be required to meet the duty of accommodate under the Code.^156 The Code also i ...
A. Public Interest Remedies The Tribunal has the jurisdiction to award systemic remedies regardless of whether these are express ...
requiring respondent to alter its policies and practices that create barriers for people with disabilities;^167 requiring respo ...
and serious harassing comments are, the greater the injury to dignity, feelings and self-respect. The second criterion recognize ...
ordered reinstatement of an employee many years after his/her dismissal.^174 In Kreiger v. Toronto Police Services Board, the Tr ...
International law, specifically the Convention on the Rights of Persons with Disabilities, provides a framework for disability r ...
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