FAQ's Cases - Stewart McKelvey

THE LAW[19] Section 5 of the Code provides as follows:5. (1) Every person has a right to equal treatment with respect toemployment without discrimination because of race, ancestry, place oforigin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age,record of offences, marital status, family status or disability.(2) Every person who is an employee has a right to freedom fromharassment in the workplace by the employer or agent of the employer orby another employee because of race, ancestry, place of origin, colour,ethnic origin, citizenship, creed, age, record of offences, marital status,family status or disability.2012 HRTO 1489 (CanLII)[20] Section 10 of the Code defines disability as follows:(a) any degree of physical disability, infirmity, malformation ordisfigurement that is caused by bodily injury, birth defect or illness and,without limiting the generality of the foregoing, includes diabetes mellitus,epilepsy, a brain injury, any degree of paralysis, amputation, lack ofphysical co-ordination, blindness or visual impediment, deafness orhearing impediment, muteness or speech impediment, or physical relianceon a guide dog or other animal or on a wheelchair or other remedialappliance or device,(b)a condition of mental impairment or a developmental disability,(c) a learning disability, or a dysfunction in one or more of the processesinvolved in understanding or using symbols or spoken language,(d)a mental disorder, or(e) an injury or disability for which benefits were claimed or receivedunder the insurance plan established under the Workplace Safety andInsurance Act, 1997.…Past and presumed disabilities