Ontario Human Rights Commission: COVID-19 and Ontario’s Human Rights Code – Questions and Answers
- Can my employer or any service or housing provider require proof that I’ve received a COVID-19 vaccine?
• Receiving a COVID-19 vaccine is voluntary.
• At the same time, governments across Canada are examining and beginning to set conditions where proof of vaccination may be required to take part in some activities.
• Requiring proof of vaccination to ensure fitness to safely perform work, or protect people receiving services or living in congregate housing, may be permissible under the Code if the requirement is made in good faith and is reasonably necessary for reasons related to health and safety.
• The Code grounds of disability and/or creed may be engaged when employers, housing or other service providers impose medical testing or treatment requirements, including proof of vaccination.
• Under the Code, organizations have a duty to accommodate people who may be unable to receive a COVID-19 vaccine, for reasons related to disability or creed, unless it would amount to undue hardship based on cost or health and safety.
• The right to be free from discrimination can be limited under the Code, where, for example, broader health and safety risks are serious, like in a pandemic, and would amount to undue hardship. The OHRC and relevant human rights laws like the Code recognize the importance of balancing people’s right to non-discrimination and civil liberties with public health and safety, including the need to address evidence-based risks and treatment associated with COVID-19.
• Everyone involved should be flexible in exploring whether accommodation is possible, including alternative ways a person might continue to safely work, receive a service or live in congregate housing without being vaccinated.
• Organizations should make clear the reasons why proof of vaccination is needed in the circumstances.
• Organizations should only request and share medical information, including proof of vaccination, in a way that intrudes as little as possible on a person’s privacy, and does not go beyond what is necessary to ensure bona fide fitness to safely perform work, or protect people receiving services or living in congregate housing, and accommodate any individual needs.
• No one should experience harassment or other discriminatory treatment based on a Code ground because they are unable to receive a vaccine.
• Also, workers have rights and employers have obligations for workers’ health and safety under the Occupational Health and Safety Act. Visit the Ontario Ministry of Labour, Training and Skills Development website for more information, including how to contact the Ministry.
