To establish discrimination under Ontario’s Human Rights Code, a claimant must show that: A person discriminates “directly” when the action itself is discriminatory and when the person acts on his or her own behalf. However, it has been addressed in most detail in Commission policies on disability, creed, age, sex (pregnancy and breastfeeding) and family status. The Code prohibits harassment in the workplace because of sex by an employer, agent of the employer or by another employee. This is because of the supremacy of the Code. 3d 18 (C.A.) The term is also used to design social categories into which societies divide people according to such characteristics. More about disability-related accommodation, 12. 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. Introducing the Ontario Human Rights Code, 3. Racial profiling is a form of stereotyping based on preconceived ideas about a person’s character. She is expected to wear revealing clothing to bring in more business. The young woman who interviews him finds him pleasantly similar to her favourite grandfather and tells him this as a compliment. However, the provisions of the Code continue to apply and may take precedence, if there is a conflict. In this situation, it may be implied, directly or indirectly, that a promotion is at risk if the advance is rejected. The Ontario Human Rights Code is a provincial anti-discrimination law that applies to workplaces, housing, services, facilities, and to contracts or agreements. Does the Ontario Human Rights Code prevent any type of criminal record discrimination? 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. having the impact of excluding persons, denying benefits or imposing burdens. This type of unintentional discrimination is called “constructive” or “adverse effect” discrimination. 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. Harassment on any of the Code grounds can amount to discrimination. As with section 5(2), sexual harassment requires a “course of conduct” such as a pattern of behaviour or more than one incident. After he launches an internal complaint, he is demoted and transferred to another department. Example: A woman is one of four people granted job interviews, from a pool of several dozen people who sent in resumes by mail. The Code prohibits actions that discriminate against people based on a protected ground in a protected social area. In some cases, it will be obvious that the conduct or comments are offensive or unwelcome. This type of discrimination generally arises from negative attitudes and biases relating to that ground. Example: An employer threatens to fire an employee because the employee refused to go out on a date with him or her. [8] See for example Bayliss-Flannery v. DeWilde (Tri Community Physiotherapy), 2003 HRTO 28 (CanLII). In the example above, a racialized or single woman with a disability would be at a triple disadvantage. This duty to accommodate may arise in the context of any of the grounds of the Code. 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. When she couldn’t, she filed a human rights complaint. Interviewing and making hiring decisions, 6. 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. Failing to consider many perspectives, or not planning to include all people, may result in barriers to access for persons identified by the Code. 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. 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. Age discrimination involves treating persons in an unequal fashion due to age in a way that is contrary to human rights law. Example: A White employee is refused a promotion because she has a close friendship with a Black employee. Discrimination is not defined in the Code but usually includes the following elements: Many people wrongly think that discrimination does not exist if the impact was not intended, or if there were other factors that could explain a particular situation. Management has the responsibility to prevent and address situations that may create a poisoned work environment. The Code also protects against this type of discrimination. [7] For more general information, see Section III-2m) – “Failing to design inclusively, remove barriers and accommodate.” See also Section IV-8 – “Meeting the accommodation needs of employees on the job.”. Members of a group protected under the Code who are not the specific targets of a discriminatory comment or action may also have a right to bring a complaint. A person does not have to be a Canadian Citizen to be protected by the Code. It is not enough to keep discriminatory standards and supplement them by accommodating people who cannot meet them. Example: An employer rejected a Black candidate for a job after meeting her. Sometimes a rule or practice unintentionally singles out particular people and results in unequal treatment. [1] For more information on racism and racial harassment, see the OHRC’s Policy and guidelines on racism and racial discrimination (2005). Example: An employee quits her job after finding a new one and making a sexual harassment complaint under the Code against her former employer. And in most cases, there are overlaps between discrimination and other legitimate factors. The persons who followed the instructions to discriminate have also engaged in discrimination – they cannot claim to have just been following orders. As these cases outline, the cost of injuring an employee’s dignity, feelings and self-respect can be substantial. Example: A long-term employee is repeatedly asked by a restaurant’s manager to go on a diet because she does not fit in with more recent hires and the image the restaurant is trying to project. Harassment can be found to exist even if the harasser is not aware of how his or her behaviour is being received. Section 5 of Ontario’s Human Rights Code prohibits discrimination in employment on the basis of a “record of offences” including an offence in which a … If you think you have been discriminated against, you should make notes about what happened. they have a characteristic protected by the Code (e.g. R.S.C., 1985, c. H-6 An Act to extend the laws in Canada that proscribe discrimination. She later files a complaint. 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. a sexual solicitation or advance made by a person in a position to confer, grant or deny a benefit or advancement to the person where the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or. The Ontario Human Rights Code says that healthcare providers like doctors and nurses must not discriminate against patients. As a result of his involvement in the women’s sexual harassment claims, the president suddenly fires him. Sometimes people respond by becoming angry, using strong language or becoming emotional. The Code sets out only three factors for deciding whether accommodation would cause undue hardship: cost, outside sources of funding, and health and safety. Example: A male employee is denied a promotion because he refused a sexual proposition from his manager. Harassment often occurs when a person deviates from established gender norms. 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. Example: An employee is exposed to racial discrimination and harassment in the workplace. Discrimination based on a Code ground may be found even if there were other legitimate reasons for decision or treatment, as long as it was one of the factors. “Indirect discrimination” is discrimination carried out through another person. the protected characteristic was a factor in the adverse treatment or impact. Ontario's Human Rights Code, the first in Canada, was enacted in 1962. 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