Recognized as Disability by Canadian and Ontario Human Rights Commissions

Canadian Human Rights Commission
While Electrohypersensitivity (EHS) is not a formally recognized medical condition, the Canadian Human Rights Commission (CHRC) and human rights tribunals recognize it as a disability under the broader category of "environmental sensitivities". This means that individuals who experience adverse symptoms linked to electromagnetic fields (EMFs) are protected from discrimination and have the right to accommodation. 
Ontario Human Rights Commission (OHRC)
CHRC
The Legal Rights and Challenges Faced by Persons with Chronic Disability Triggered by Environmental Factors
Filion Wakely Thorup Angeletti LLP

Recognition of EHS as a disability


  • Legal precedent: For human rights purposes, a disability is defined by its effects on an individual's life, not by a specific medical diagnosis. The CHRC's policy on environmental sensitivities, first approved in 2007, directs federally regulated employers and service providers to accommodate those who experience debilitating symptoms from environmental triggers, which include EMFs.

  • Protection from discrimination: The Canadian Human Rights Act protects individuals with disabilities from discrimination. This law applies in federally regulated settings, such as federal government offices, telecommunications companies, and banks. Similar protection is afforded in provincially regulated contexts under provincial human rights legislation.

  • Duty to accommodate: Recognizing EHS as a disability triggers the legal duty for employers and service providers to accommodate an individual's needs up to the point of "undue hardship." Accommodations may include:

    • Implementing a scent-free or chemical-free policy.

    • Reducing or eliminating electromagnetic field exposure in the workplace.

    • Notifying employees of upcoming renovations or work that could create environmental irritants. 

Challenges and legal considerations

Despite the human rights protection, individuals with EHS may face challenges, particularly when seeking accommodation through the legal system: 
  • Evidence is crucial: As with other environmental sensitivities, individuals must provide sufficient evidence to establish that they have a disability and that the accommodation requested is necessary to address their disability-related needs.
  • Scientific versus legal recognition: Human rights tribunals have recognized EHS as a disability even while acknowledging the ongoing debate within the medical and scientific communities regarding its causal link to EMF exposure. The legal standard focuses on the functional limitations of the individual, not the scientific consensus of the condition's cause.

  • Case outcomes vary: Legal outcomes can vary significantly depending on the specific circumstances and evidence presented. For example, a 2021 case involving an electro-sensitive teacher in Alberta highlighted the importance of demonstrating the effectiveness of the proposed accommodation, finding that the school board was not required to provide accommodations without sufficient information. 

Previous Versions

[Excerpt]

Canadian Human Rights Commission Policy

The Canadian Human Rights Commission has a policy, established in 2007, on accommodation of those with environmental sensitivities, including symptoms related to low levels of electromagnetic radiation related to technologies.

[Error 404] http://www.chrc-ccdp.gc.ca/sites/default/files/policy_sensitivity_0.pdf
[Error 404] http://www.chrc-ccdp.gc.ca/sites/default/files/envsensitivity_en.pdf
[Error 404] https://www.chrc-ccdp.gc.ca/sites/default/files/legal_sensitivity_en_1.pdf

[https://www.chrc-ccdp.gc.ca/sites/default/files/legal_sensitivity_en_1.pdf
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Accommodation for Environmental Sensitivities: Legal Perspective

[PDF] Accommodation for Environmental Sensitivities:

Legal Perspective
By: Cara Wilkie and David Baker
May 2007

Accommodation for Environmental Sensitivities: Legal Perspective, By: Cara Wilkie and David Bake,r May 2007

Editor's note:

According to the authority of Former Professor Curtis Bennett the term "Electrohypersensitivity (EHS)" has been upgraded to "Electrocution at the Subtle Energy Level" as lectured for Continuing Medical Education (CME) credits required for licensure renewal because all matter is affected by Radio Frequency Microwave Radiation. No one is exempt.

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