The cause of a person's disability is not, in itself. important. It may be the result of an accident of birth. illness, injury or some other event. The disability may be visible or invisible. Some disabilities may require periodic treatment, medication or the use of technical aids such as a wheelchair, hearing aide, dog guide or other animal assistant. Many do not.

A disability might affect mobility, communication, learning, coping or other skills or abilities in only a very specific activity. Some may present no actual limitation on a person's capability, but tend to create emotional barriers in others, such as discomfort or fear. Regard less of the nature of the disability, it all too often becomes the basis of unequal opportunity or treatment.

A disability becomes a handicap when it interferes with the activity to be done, but it is often possible to remove the handicap by making adjustments in the work or living environment. Often, the mere existence of a disability, be it past or present, is automatically assumed to be a handicap. A factual evaluation of the disability and its relevance to actual activity requirements is seldom done.

Barriers to Equality of Opportunity

Individuals usually seek to minimize the effects of their disability through the use of technical aids, medication or treatment. Other barriers, however, remain outside of their control. Architectural design of the environment, rigid and inflexible procedures and policies, and negative attitudes often handicap the person more than the disability itself. Some of the attitudinal barriers may be based on a well-intentioned concern for the person's welfare, while others are negative assumptions about all persons who are disabled. However, both severely limit the person's right to be considered on their own merits and abilities.

Reasonable Accommodation

The goal of reasonable accommodation is to foster equality of opportunity and treatment. The Code recognizes that reasonable accommodation must involve a balancing of the rights of business and the rights of the individual . Accommodations which create an undue hardship because of costs or other factors would likely be considered unreasonable. In accommodating the needs of a disabled person, businesses would be expected to consider funding and other resources available.

The onus is on the employer. Landlord or service provider to show that reasonable efforts at accommodations have been made.

Human rights legislation has paramount status in Manitoba. This means that where there is a conflict with other provincial legislation, The Human Rights Code prevails.

This information is a simplified description of provisions under The Human Rights Code. For more information, consult The Code or contact The Manitoba Human Rights Commission.