2.1 Human Rights and Accessibility Law in Ontario and at Conestoga
Learning Outcomes
Identify relevant human rights and accessibility law, policies, and guidelines
New Faculty Tip
New Conestoga faculty may wish to add to their Conestoga “bookmarks” the webpages about the Ontario Human Rights Code (OHRC), The Act for Ontarians with Disabilities (AODA), and Conestoga’s Discrimination and Harassment Prevention Policy and Procedure documents that are identified in this section.
Conestoga is committed to supporting human rights in the classroom. It has developed accessibility policies and procedures, such as those relating to discrimination and harassment, that align with legislation set out in the Ontario Human Rights (OHR) Commission and the Accessibility for Ontarians with Disabilities Act (AODA).
The Ontario Human Rights Code
The Ontario Human Rights Commission has developed The Ontario Human Rights Code (the Code) that emphasizes privacy, dignity, and respect for all Ontarians. According to the Code:
“Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.”
The Code has primacy. This means that Ontario laws (with a few exceptions) have to follow the Code. Its goal is to create a climate of respect where everyone feels part of the community and can contribute fully. The Code says people must be free from discrimination where they work, live, and receive services, and their needs must be accommodated.
Protected Grounds and Student Rights
The Code prohibits actions that discriminate against people based on a protected ground in a protected social area.
- Age
- Ancestry, colour, race
- Citizenship
- Ethnic origin
- Place of origin
- Creed
- Disability
- Family status
- Marital status (including single status)
- Gender identity, gender expression
- Receipt of public assistance (in housing only)
- Record of offences (in employment only)
- Sex (including pregnancy and breastfeeding)
- Sexual orientation.
Scenario 2.1 A: Student Breastfeeding Rights
According to the Code, breastfeeding (Chest-feeding)
- is a right in Ontario
- may not be forbidden on campus and in classrooms and other learning spaces
- must be supported, including providing private spaces where requested
According to the Code, a breastfeeding child can go anywhere the breastfeeder is legally entitled to go, such as a classroom or a lab.
Taylor is a parent with a baby. Taylor asks if it is okay if they bring their baby to class and breast/chestfeed during class.
Should Taylor be allowed to breastfeed in the classroom?
- Yes, a student is breastfeeding their infant and so cannot be separated from it. This student has the right to breast/chest feed in the classroom.
- A designated space must be made available for use if requested.
Scenario 2.2 B: Disability Rights
Under the Code, the term “disability” covers a broad range and degree of conditions. The Code requires a duty to accommodate those with temporary and persistent, visible and invisible disabilities.
Theo, a student, explains to his professor, Yuri, that due to a head concussion he sustained last week, he is unable to attend all of class and participate as normal.
What should Yuri do? Should Yuri allow Theo to opt out of class activities?
- Yuri should encourage the student to contact Accessibility Services for temporary accommodation. An Accessibility Advisor is equipped to determine the extent to which accommodations are required to be successful.
- Note that a student with a disability, permanent or temporary, has protected rights under the OHR Code.
Scenario 2.2 C: Religious Holy Day and Spiritual Observance
Creed includes religious rights, practices, and observances. Under the Code, students have the right to make requests and change a test or exam under the protected grounds of creed.
Mindi is celebrating a major religious holiday with her family next month when an exam is scheduled. Mindi asks her professor to reschedule her exam.
Should Mindi be allowed to reschedule her exam?
- Yes, the protected ground of “Creed” allows the student to change the test or exam date so they participate freely.
Does Mindi need to provide “proof” of her religious holiday before the request can be granted?
- No, Mindi is not required to provide proof of her major religious holiday.
- For more information about religious holidays, see the Religious Holiday Procedure.
Protection from Discrimination and Harassment
The Code provides an extensive document to prevent intentional or unintentional discrimination and harassment by articulating protected grounds in the area of education and supporting the accommodation needs of students. Here is what the Code says about discrimination.
“Discrimination is not defined in the Code but usually includes the following elements:
- not individually assessing the unique merits, capacities and circumstances of a person
- making stereotypical assumptions based on a person’s presumed traits
- having the impact of excluding persons, denying benefits or imposing burdens.
Many people wrongly think that discrimination does not exist if the impact was not intended, or if there were other factors that could explain a particular situation. In fact, discrimination often takes place without any intent to do harm. And in most cases, there are overlaps between discrimination and other legitimate factors.” (OHRC, 2023, para. 1-2)
Discrimination is an action or a decision that treats a person or a group of people negatively for reasons including race, gender, age or disability.
Harassment is a form of discrimination. It involves any unwanted behaviour that offends or humiliates, such as bullying and teasing. Generally, harassment is a behaviour that persists over time. Serious one-time incidents can also sometimes be considered harassment.
Conestoga College’s Harassment and Discrimination Policies and Requirements
All acts of discrimination and harassment at the College or involving members of the College community must be addressed immediately.
Derived from and in accordance with the provincial Code, Conestoga’s Harassment and Discrimination Policy and Procedure requires staff to act when they hear of cases related to harassment and/or discrimination at the College.
In cases of any observed or alleged discrimination or harassment, such as bullying, faculty should immediately review and follow the Discrimination and Harassment Prevention Policy and Procedure documents. Then, take appropriate and immediate action based on the case.
Scenario 2.3 D: Harassment and Discrimination Rights
Let’s look at a student’s rights as someone who reports harassment or discrimination based on bullying.
Kili, a professor, is approached by Maryam, a student. Maryam says her lab partner, Morris, is taking all the difficult work on their assigned lab machine. Maryam feels deeply uncomfortable with a male lab partner who has made jokes about her inability to do machine work as a woman since the first day of class.
Is assuming a lab partner cannot do difficult work on assigned machines due to gender an example of discrimination?
- Yes, if the student feels she is being treated negatively due to her gender, it is an example of discrimination.
Is repeated comments about a certain group of people incapable of doing certain work a form of harassment?
- Yes, if the student feels she is experiencing unwanted behaviour that bullies or teases, it is an example of harassment.
Should Kili stay out of the situation and encourage Maryam to ask the jokes to stop on her own?
- No, under the Code, Kili is responsible for getting involved in this situation to protect Maryam from discrimination and harassment, even if Morris’ jokes are not meant to harm.
Should Kili consult the Harassment and Discrimination Prevention Policy and Procedure before contacting Morris?
- Yes, it is always a good idea to review relevant College policies and procedures before meeting with students about difficult issues.
Conclusion: Upholding the Code and Conestoga’s Policies and Procedures
Faculty employees are responsible for acting in accordance with accessibility policy and procedure by ensuring fair treatment, maintaining student dignity, and providing a learning environment and resources to which students are entitled. Faculty must also know the grounds of discrimination and act to prevent discrimination towards students, including monitoring their own behaviours and discussing discrimination with students and colleagues.
The OHR code suggests that, in the classroom and in all dealings with students, you
- accept code requests in good faith,
- involve the person making the request in exploring solutions
- Consider that it trumps other areas of the law
5-Minute Web Search Activity
Do a web search now! Find the
- List of Protected Grounds (OHRC)
- Post-Secondary Education recommendations (OHRC)
- Policy on accessible education for students with disabilities (OHRC)
- Conestoga Discrimination and Harassment Prevention Policy and Procedure
Accessibility for Ontarians with Disabilities Act (AODA)
Accessibility is allowing people with disabilities to participate fully in society regardless of their disability. In education, it involves achieving the same learning goals in different ways. It requires maintaining the autonomy, dignity, and independence of learners with visible and invisible disabilities.
The AODA aims to develop and implement standards for accessibility, including those for post-secondary education. Although there are currently no formalized AODA education standards at this time, guidelines are available to ensure that people with disabilities receive information, communication, and education opportunities that are fully accessible to them.
Upholding AODA in the Classroom
Here are some simple examples of how you can uphold the AODA act in your classroom:
- Ensure that all students have physical access in the classroom and line of sight to you
- Provide accessible, electronic copies of all course materials on eConestoga including PowerPoint presentations and handouts as early as possible, but no later than three working days in advance of each class;
- Ensure that all videos include high-quality closed captioning;
- Allow the use of a variety of electronic devices for notetaking;
- Write on the board using tall letters, avoid cursive writing, writing all in caps, using small letters, using red/green marker colours; and
- Permit students to leave the classroom at their own discretion.
How to Provide Accessible, Electronic Copies of Course Materials
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Would you like to learn more about how to make documents accessible?
2. Organizational Development offers the workshop Making Accessible Materials with Ease (PDEV0208). You can find and register for the workshop through the Professional Development calendar. |
According to both the OHRC’s Policy on accessible education for students with disabilities and the AODA, student accommodations are a shared responsibility between the College, Faculty, and the student requesting accommodations. Faculty should accept all accommodation requests in good faith and work in consultation to find a solution. Refer any questions to your Chair.
5-Minute Web Search Activity
Do a web search now! If you will be writing on the board in your class, see these links:
- Instruction on Disability and Human Rights in Schools (AODA)
- The Accessibility at Conestoga policies, procedures, and multi-year plan
- Tips for in-person board writing and online synchronous board writing
References
Ontario Human Rights Commission (OHRC). (n.d.). Human rights at work 2008 – 3rd ed: 2. What is discrimination?.
Section 2.1 Review
Please pause and answer these five practice questions to review and check your learning!