Accommodating persons with disabilities
(2) Obligated organizations, other than small organizations, shall include a statement of organizational commitment to meet the accessibility needs of persons with disabilities in a timely manner in their policies.
(3) The Government of Ontario, the Legislative Assembly, every designated public sector organization and large organizations shall, (2) The Government of Ontario, Legislative Assembly and designated public sector organizations shall establish, review and update their accessibility plans in consultation with persons with disabilities and if they have established an accessibility advisory committee, they shall consult with the committee.
(“petite organisation”) Back to Table of Contents 3.
(1) Every obligated organization shall develop, implement and maintain policies governing how the organization achieves or will achieve accessibility through meeting its requirements referred to in this Regulation.
(3) The Government of Ontario, Legislative Assembly and designated public sector organizations shall, Back to Table of Contents 5.
(1) The Government of Ontario, Legislative Assembly and designated public sector organizations shall incorporate accessibility criteria and features when procuring or acquiring goods, services or facilities, except where it is not practicable to do so.
This article will discuss the concept, recently enunciated by the Supreme Court of Canada, that a prohibition of discrimination is not simply an obligation not to discriminate (a negative obligation) but is also an obligation to take reasonable, positive steps to create equality (a positive obligation).
Rather, it is usually expressed as being due to concerns about the difficulties of distinguishing between two situations.
Accommodations should be made on a case by case basis, considering each employee’s individual limitations and accommodation needs. (1) This Regulation establishes the accessibility standards for each of information and communications, employment and transportation, the Customer Care section can be found at (2) The requirements in the standards set out in this Regulation are not a replacement or a substitution for the requirements established under the Human Rights Code nor do the standards limit any obligations owed to persons with disabilities under any other legislation.(3) Except as otherwise provided in this Regulation, this Regulation applies to the Government of Ontario, the Legislative Assembly, every designated public sector organization and to every other person or organization that provides goods, services or facilities to the public or other third parties and that has at least one employee in Ontario. In this Regulation, “accessible formats” may include, but are not limited to, large print, recorded audio and electronic formats, braille and other formats usable by persons with disabilities; (“format accessible”) “communication supports” may include, but are not limited to, captioning, alternative and augmentative communication supports, plain language, sign language and other supports that facilitate effective communications; (“aides à la communication”) “designated public sector organization” means every municipality and every person or organization listed in Column 1 of Table 1 of Ontario Regulation 146/10 (Public Bodies and Commission Public Bodies — Definitions) made under the Public Service of Ontario Act, 2006 or described in Schedule 1 to this Regulation; (“organisation désignée du secteur public”) “Government of Ontario” includes the executive of the government and operational branches, including every ministry of the Government of Ontario and the Office of the Premier; (“gouvernement de l’Ontario”) “large designated public sector organization” means a designated public sector organization with 50 or more employees; (“grande organisation désignée du secteur public”) “large organization” means an obligated organization with 50 or more employees in Ontario, other than the Government of Ontario, the Legislative Assembly or a designated public sector organization; (“grande organisation”) “Legislative Assembly” includes the Office of the Assembly, the offices of members of the Assembly, including their constituency offices and the offices of persons appointed on the address of the Assembly; (“Assemblée législative”) “obligated organization” means the Government of Ontario, the Legislative Assembly, a designated public sector organization, a large organization and a small organization to which the standards in this Regulation apply; (“organisation assujettie”) “small designated public sector organization” means a designated public sector organization with at least one but fewer than 50 employees; (“petite organisation désignée du secteur public”) “small organization” means an obligated organization with at least one but fewer than 50 employees in Ontario, other than the Government of Ontario, the Legislative Assembly or a designated public sector organization.The social and economic costs of substance abuse in America are staggering. 1998) (alcoholism is covered under the Rehabilitation Act); Miners v. Office of Senate Fair Employment Practices, 95 F.3d 1102 (Fed. 1996) (it is well-established that alcoholism meets the definition of a disability). In a report issued in 1998 by the National Institute on Alcohol Abuse and Alcoholism and the National Institute on Drug Abuse, it is estimated that the cost of alcohol and drug abuse for 1995 was 6.4 billion, of which 6.5 billion was for alcohol abuse and 9.8 billion was for drug abuse. Cargill Communications, Inc., 113 F.3d 820 (8th Cir.
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The Circuit Courts of Appeals have held that a person can still be considered a current user even if he or she has not used drugs for a number of weeks or even months. El Paso Healthcare Systems, Ltd., the court held that the employee, a pharmacist, was a current user because he had used cocaine five weeks prior to his notification that he was going to be discharged. Circuit City Stores, Inc., In concluding that the plaintiff was still a current illegal drug user, the court noted that the ordinary or natural meaning of the phrase currently using drugs does not require that a drug user have a heroin syringe in his arm or a marijuana bong to his mouth at the exact moment contemplated.