Saturday, 27 December 2014

Excerpts from Perceived Disability Protection

(PDF) Grounds of Protection in BC

Disability- Physical or Mental

“Disability is not defined in the legislation but has evolved to include protection for people who have, or are perceived to have a mental or physical disability whether visible or non visible, 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)

“Specific disabilities are not named in the statute allowing for a broad interpretation. All major diseases and illnesses are included...

“The duty to accommodate is well established in case law and requires employers and service providers to accommodate special needs short of undue hardship, including those of people with disabilities.

“Many references sources exist for understanding and addressing issues ...we often refer to... Canadian Human Rights Commission

(PDF) Perceived Disability Protection page 1/2  4th paragraph

"...the court held that the rules regarding construction of statutes support a broad interpretation of the word ‘handicap' which can include anomalies that do not cause functional limitations and can also include ailments related to health.

...the terms handicap and disability include and actual or perceived disability. The emphasis is on the effect of the extinction or exclusion and not on the precise nature of the handicap, nor its cause or origin which are immaterial. In addition, the Charter also prohibits discrimination based on the possibility that an individual may develop a handicap in the future.

“The term ‘handicap’ must not be confined within a narrow definition that leaves no room for flexibility”...

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