Is the Flu a Disability under the Human Rights Code?

As we are in the midst of flu season, the question may arise as to whether the flu and other similar ailments are considered “disabilities” under the Ontario Human Rights Code (the “Code”). While employers have a duty to accommodate employees with disabilities under the Code, in Burgess v. College of Massage Therapists of Ontario, 2013 HRTO 1960 (“Burgess“), the Ontario Human Rights Tribunal (the “Tribunal”) clarified that common ailments, such as the flu, are not disabilities that trigger an...