Physical or Mental Disability

Section 25 of the Act defines disability as being either:

• physical or mental;
• previous or existing; and
• including dependence on alcohol or a drug.

A disability can be either permanent (e.g., a visual or mobility impairment), or temporary (e.g., a treatable illness or temporary impairment which is the result of an accident). In determining whether a temporary illness would be considered a disability under the Act, it is important to consider the effects the illness is alleged to have had on the complainant's employment or ability to obtain a service, not only the nature of the illness itself.

Amendments in 1998 to the Canadian Human Rights Act require employers and service providers to accommodate special needs short of undue hardship, including those of people with disabilities. While the duty to accommodate has long been recognized by the courts, specific reference to accommodation in the Act clarifies both the rights of employees and the obligations of employers.

Quick links to publications on accommodation of persons with disabilities

• A Place for All: A Guide to Creating an Inclusive Workplace
• Bona Fide Occupational Requirements and Bona Fide Justifications under the Canadian Human Rights Act: The Implications of Meiorin and Grismer
• Policy on Special Programs