ontario human rights code discrimination

In the example directly above, it would have been legitimate for the employer to discipline both employees. The Code also requires that workplace or job rules and conditions be modified as needed to meet the duty to accommodate, subject to the standard of undue hardship. 868 (Grismer) at para. OHRC Protected Grounds Ontario Human Rights Code - Protected Grounds Under the Ontario Human Rights Code (OHRC), every person has the right to freedom from discrimination and harassment based on specified protected grounds: Systemic discrimination refers to policies or practices that appear to be neutral on their surface but that may have discriminatory effects on individuals based on one or more Code grounds. Failing to consider many perspectives, or not planning to include all people, may result in barriers to access for persons identified by the Code. However, it has been addressed in most detail in Commission policies on disability, creed, age, sex (pregnancy and breastfeeding) and family status. The next day he is fired. In this case, the comments were clearly unwelcome and would amount to sexual harassment even though the woman has not overtly objected. Example: A White employee is refused a promotion because she has a close friendship with a Black employee. It can be hard to determine if subtle discrimination is a factor in such situations. For example, the Code does not apply if a stranger on the street insults you by making a racist comment, because this did not happen in a specific social area, such as at your job or in a restaurant. Unwelcome sexual advances or solicitation from someone who is in a position to grant or deny a benefit to the person is another form of violating a person’s right to equal treatment. Example: An employer makes many sexual comments to a female employee of mixed Métis and Black ancestry. Example: A Black vice-principal repeatedly tried to get promoted to the position of principal. Appendix B – Human rights in the workplace: which laws? The Ontario Human Rights Code is a provincial law applicable to all areas of employment. When a person is singled out and treated differently because of a Code ground, even if the differential treatment does not include clear reference to the Code ground, there may still be a Code violation. The Human Rights Code All people are equal in dignity and rights according to the Ontario Human Rights Code (1990). Example: A teacher gets part-time work to balance her caregiving responsibilities with her work. Example: An employee asks to use her sick days to care for her son as an accommodation because of her family status. When asked what was wrong, he said something about maintaining the company image. Systemic discrimination can overlap with other kinds of discrimination, such as harassment, and may arise from stereotypes and biases. Discrimination exists when rules, standards or requirements that appear to be neutral have a discriminatory impact on people identified by the Code. Human rights issues at all stages in employment, 5. This may be discrimination based on age and gender, even though it is clear the interviewer liked the man on a personal basis, and the person actually hired may have been more qualified for the job. Persons can file complaints alleging harassment because of gender identity under the ground of “sex.” Harassment may arise from stereotypes based on the intersection of more than one Code ground.[8]. Every person has a right to claim and enforce his or her rights under the Code, or start or take part in proceedings under the Code without reprisal or threat of reprisal. She thanks him and does not indicate any discomfort with this comment. The Code also protects against this type of discrimination. As well as harassment, the Code prohibits many other kinds of discrimination, such as systemic discrimination or failing to accommodate Code-related needs. This kind of discrimination is specifically prohibited under section 11 of the Code. a reprisal or a threat of reprisal for the rejection of a sexual solicitation or advance where the reprisal is made or threatened by a person in a position to confer, grant or deny a benefit or advancement to the person. Example: An employer threatens to fire an employee because the employee refused to go out on a date with him or her. They are also protected when a person exercises rights available under the Code or under an employer's internal human rights policies. R.S.C., 1985, c. H-6 An Act to extend the laws in Canada that proscribe discrimination. “Indirect discrimination” is discrimination carried out through another person. Example: In a workplace, the only gay employee is repeatedly made the brunt of practical jokes and is ridiculed by his co-workers for no apparent reason. [8] See for example Bayliss-Flannery v. DeWilde (Tri Community Physiotherapy), 2003 HRTO 28 (CanLII). Sometimes a rule or practice unintentionally singles out particular people and results in unequal treatment. Every other week, all staff are expected to attend gender-specific sporting activities such as wrestling and football with their “husbands and wives.” Many of these events take place on evenings and weekends in places that are not fully accessible. For more information about organizational responsibility, see Section III-4 – “Legal responsibility for human rights at work,” Section IV-12 – “Resolving human rights issues in the workplace,” and Section IV-12h) – “Dealing with formal human rights complaints and applications.”. Subsection 5(2) of the Code states that: As a result of his involvement in the women’s sexual harassment claims, the president suddenly fires him. In the example above, a racialized or single woman with a disability would be at a triple disadvantage. race), they experienced adverse treatment/impact within a social area (for example, in accessing a service, housing or employment). People who do not attend these events are less successful at building the internal networks that lead to promotions. For example, a building manager tells her superintendent not to rent to people of a certain ethnic group because their food “smells too much.” The manager can be named in the human rights claim because she used the superintendent indirectly to discriminate against people because of their ethnic origin. The employee has experienced discrimination because of the intersection between “family status” and association with a person identified by the Code ground of “disability.”, See also Section III – “Grounds of discrimination.”. He tells his manager that he will contact a lawyer to see about filing a human rights claim. Bd. Example: A worker will only share important job-related information if he or she receives sexual favours from that co-worker. In this situation, it may be implied, directly or indirectly, that a promotion is at risk if the advance is rejected. It is also a contravention of the Code to take reprisal or retaliate against someone who refuses to follow instructions to discriminate against another person, or who helps someone to enforce their rights under the Code. If a human rights claim arose due to this one instance, it would not amount to sexual harassment or a poisoned environment. However, if comments linked to a Code ground are made, they can be further evidence that discrimination has been a factor in the way someone is treated. She therefore runs the meeting while ignoring the manager’s inappropriate comments. However, one serious incident may create a poisoned work environment – see the next section for more details. [9], Example: A Chinese woman works in a bakery where racial slurs and stereotypical language are common in the kitchen. In these three examples, the people giving the instructions can be held responsible for discriminating. A finding of discrimination may be made where appropriate accommodation has not been provided or the process for dealing with the accommodation request was flawed, if the employer does not have evidence to prove undue hardship. The following are common examples of accommodations made by employers: Some kind of operating rules, policies and procedures may be needed for business reasons, such as to comply with heath and safety legislation. When people are stereotyped, all people in the group are given the same characteristics, regardless of their individual differences. The subjective views of a person who has harassed someone do not determine whether a finding of harassment will be made. When she appears in person, the interviewer seems surprised and uncomfortable, does not make eye contact, and seems to hurry through the interview. Instead, he copes by laughing it off and saying, “Yeah, that’s a good one.” If the comments ought to be known to be unwelcome, this would amount to harassment even though the employee has not objected. Although this program is applied equally to all employees, it has not been inclusively designed and does not take into account the need to accommodate differences between employees due to family status, disability or other Code grounds. Employers also may be liable in a human rights complaint if they knew of, or should have known of, harassment and could have taken steps to prevent or stop it. More about disability-related accommodation, 12. The Human Rights Code or the Code is the law protecting all people in Ontario from discrimination and harassment in the areas of employment; housing; goods, services and facilities; contracts; and, membership in trade and vocational associations. The program provides for disciplinary sanctions, up to and including termination, for each extra absence, regardless of the reason. Comments or conduct may be found to be sexual harassment even if they are not sexual in nature. Short Title. Tribunals have recognized that these types of responses are understandable and do not defeat a claim of harassment. For more information about organizational responsibility, see Section III-4 and Section IV-12 about dealing with human rights allegations in the workplace. By reason of subsection 47 (1) of the Code, the Code applies to the Board as a provider of services and facilities. The Canada Labour Code; Rights for foreign workers; The Human Rights Maturity Model; The Canadian Human Rights Act. Marginal note: Short title 1 This Act may be cited as the Canadian Human Rights Act. In other cases, conduct or comment may not on their face be offensive, but the harasser should still reasonably know that they are unwelcome because of how the other person reacts. Each person, as part of the whole Canadian community, has a rich contribution to make to the development and well being of our province. Example: An employee believes that he was given an unfair performance appraisal and passed over for skills upgrade training because he is older than other workers in his department. The Human Rights Tribunal hears cases to determine whether an individual’s rights under the Code have been violated. To assess these situations accurately, you will need to apply the subjective and objective elements of the test and be aware of the power dynamics that are happening. Insulting or degrading comments or actions in a workplace based on Code grounds may cause employees to feel that the workplace is hostile or unwelcoming. She was exposed to harassment based on both race and sex because she was a young woman the employer could assert economic power and control over. Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status or disability. Although these remarks are directed at her Black co-workers, she has been subjected to a racially "poisoned environment.". Example: A Black employee is accused of sexually harassing his female co-worker. For more information on how to meet the duty to accommodate in employment, refer to Section IV-8 – “Meeting the accommodation needs of employees on the job“ and Section IV-9 – “More about disability-related accommodation.”. Membership in vocational associations and trade unions, Guide to your rights and responsibilities under the Human Rights Code, Solemnization of marriage by religious officials, Discrimination in employment under government contracts. His comments arose from racist assumptions about the sexuality of Black women. She is expected to wear revealing clothing to bring in more business. In some cases, discrimination may be direct and intentional (for example, if a person or group treats another person differently on purpose because of a Code ground). It is discriminatory for decisions to be based on presumed characteristics instead of unbiased assessments of a person’s behaviour. The following situations would be viewed as reprisal contrary to the Code: Example: An employee believes that he was not promoted in his job because of his race. Thus, this would be discriminatory. Reprisals for (a) claiming or enforcing a human right, (b) refusing to discriminate directly or indirectly, or (c) rejecting sexual advances or solicitations are violations of the Code. [7] British Columbia (Superintendent of Motor Vehicles) v. British Columbia (Council of Human Rights) [1999] 3 S.C.R. Unless an employer can show that a change or exception to the rule would be too costly or create a health and safety danger, the employer should agree to change the rule. The Ontario Human Rights Code (the Code) is one of the most important pieces of legislation in Ontario.This guide is designed to help educators discuss with students the rights and responsibilities the Code covers.It explains human rights protections and identifies who is responsible for protecting everyone's rights. Sexual solicitation or advances can also happen between co-workers where one person is in a position to grant or deny an employment-related benefit to the other. Such barriers, even if unintended, are discrimination. The right to be free from unwelcome advances or requests for sexual favours extends to actions made by a boss, supervisor or other persons in a position of power. If you believe you have experienced discrimination or harassment, you can file an application with the HRTO. One significant incident may be offensive enough to be considered sexual harassment or create a poisoned environment (see above). “Harassment because of sex” is prohibited in section 7(2) of the Code. Initial investigation suggests he may have forwarded sex jokes by e-mail that he received from another colleague. The five social areas are: employment, housing, services, unions and vocational associations and contracts. Recent case law has indicated that sexual harassment may also be a form of discriminatory treatment under section 5(1). 1 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. In some cases, direct discrimination takes place through another person or other means. 20. This is because race was one factor, among other legitimate factors, that affected how he was treated. To be upheld as non-discriminatory, or a bona fide (bona fide means “good faith” or “genuine”) occupational requirement, an employer must show that the standard, factor, requirement or rule:[6], As a result of this test, the rule or standard itself must be inclusive and must accommodate individual differences up to the point of undue hardship. The Code sets out only three factors for deciding whether accommodation would cause undue hardship: cost, outside sources of funding, and health and safety. Requesting job-related sensitive information, 7. It's best to make the notes when … any action taken for reasons of safety, security or public protection, that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than on reasonable suspicion. providing equipment, services or devices so an employee can do the essential duties of his or her job (disability), implementing flex-time policies to help employees balance their work with care-giving obligations (family status), modifying uniforms or hours of work so they are compatible with employee’s religious observances (creed), making a room available during working hours for an employee with a small baby to express breast milk (sex – pregnancy & breastfeeding). of Inq.). Example: A female graduate student has newly arrived as a refugee and is invited to discuss the possibility of working with a particular professor. In many cases, discrimination results from a tendency to build society as though everyone is the same as the people in power – all young, one gender, one race, one religion or one level of ability. These concepts are discussed further in Section IV-8 – “Meeting the accommodation needs of employees on the job.”. Employers are also expected to prevent and address sexual harassment of employees by others they come into contact with in the course of doing their jobs. Research has shown that sexual harassment often involves misuse of power and dominance, usually escalates over time, and is commonly known to exist within workplaces where it occurs. The Code protects people from discrimination and harassment because of past, present and perceived disabilities. When she complains to the gym manager, he tells her to “lighten up” and does not take any action to stop the harassment. The rule is not intended to exclude people who wear head coverings for religious reasons, but it may have this effect. The HRTO first offers parties the opportunity to settle the dispute through mediation. Refers to a group of people of common ancestry, distinguished from others by physical characteristics such as colour of skin, shape of eyes, hair texture or facial features. Harassment often occurs when a person deviates from established gender norms. The Code is applicable to all areas of employment. The Ontario Human Rights Code says that everyone has the right to be treated equally and not be discriminated against: at work in housing in a union or professional group by a service provider, like a store employee, restaurant, or school Employers, landlords, union representatives, and service providers aren't allowed to discriminate for reasons that are against human rights laws. 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 instead, making stereotypical assumptions based on a person’s presumed traits having the impact of excluding persons, denying benefits or imposing burdens. This ensures that each person is assessed according to his or her own personal abilities, instead of being judged against presumed group characteristics. The protections from reprisal apply to complainants, witnesses, advisors, representatives of complainants and witnesses, investigators and decision-makers or management who support a person raising human rights issues. The subjective views of the person being harassed. The purpose of the Ontario Human Rights Code (Code) is to protect Ontarians from discrimination in important areas of their daily lives, such as in renting housing, in the workplace or in obtaining services, such as educational or police services. is reasonably necessary to accomplish its purpose or goal, because it is not possible to accommodate the person without undue hardship. The Ontario Human Rights Code says that healthcare providers like doctors and nurses must not discriminate against patients. Gender identity is not currently a prohibited ground, but related discrimination can be addressed as sex discrimination or sexual harassment. The employee is fired because he was found to have been visiting non-work related sites during business hours. After he launches an internal complaint, he is demoted and transferred to another department. Women who are marginalized due to race, sexual orientation, disability or other Code grounds are particularly vulnerable to sexual harassment in the workplace. "Isms" refer mainly to attitudes, while discrimination involves actions. Sexual harassment refers to comments or actions based on sex or gender that are unwelcome or should be reasonably known to be unwelcome. This is discussed in more detail in Section IV-1e) – “More about how to proactively identify and address systemic discrimination.”. and refer to a way of thinking about other persons based on negative stereotypes about race, age, sex, etc. Under the Act, Canadians are protected from discrimination when they are employed or receive services from: Grounds of discrimination: definitions and scope of protection, 4. This would be direct discrimination based on sex and family status. D/4781 (Ont. This is because of the supremacy of the Code. Example: An older man applies for a job at a trendy women’s clothing store. Example: The head of a company instructs the organization’s receptionist not to take applications from job seekers from a certain racial or ethnic background. Example: An employee’s computer is monitored because he was born in Egypt and is therefore suspected to be a security risk. Black teachers who asked for equitable practices were told “not to expect things to change overnight.” Transfer and promotion decisions were influenced by considerations of race. The following three considerations can be used to identify and address systemic discrimination: Use these three elements as a basis for actively monitoring for systemic discrimination and measures to address it. Under the Code, you have the right to be free from discrimination in five parts of society – called social areas – based on one or more grounds. Term is also used to design social categories into which societies divide people according to the,! 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