ONTARIO HUMAN RIGHTS CODE

HUMAN RIGHTS HUMAN RIGHTS – Fundamental rights & freedoms to which all people are entitled DISCRIMINATION – Treating a person unfairly because of his or her race, religion, sex, etc….Can you think of some others???

HUMAN RIGHTS Discrimination stems from stereotyping (having an oversimplified judgement of group of people). Stereotyping leads to prejudice. When someone’s behaviour towards another is based on stereotypes & prejudices, the result is discrimination. When discrimination happens without governmental laws being broken or involvement the CCRF doesn’t apply – it turns to each province’s Human Rights Codes. Ours is the Ontario Human Rights Code.

5 PROTECTED ‘AREAS’ The Ontario Human Rights Code provides protection from discrimination in 5 areas of our lives. The areas are: 1) GOODS, SERVICES & FACILITIES: includes schools, hospitals, shops, restaurants, sports & rec. organizations and facilities 2) OCCUPANCY OF ACCOMMODATION: the place where you live or want to live, whether you rent or own 3) CONTRACTS: written or oral agreements 4) EMPLOYMENT: including ads, application forms and interviews as well as assignments, training, and promotion 5) ASSOCIATION/UNION MEMBERSHIP: ex: OSSTF

If all these areas are protected, where can you discriminate then??

GROUNDS OF DISCRIMINATION If, in any of the 5 AREAS previously listed, a person faces discrimination on any of the following 16 GROUNDS, then he/she is protected by the OHRC These are 16 prohibited grounds for discrimination!! Race – common decent or external features such as skin colour, hair texture, facial characteristics Ancestry – family descent Place of Origin – country or region Colour – associated with race Ethnic Origin – social, cultural or religious practices drawn from a common past

GROUNDS OF DISCRIMINATION Citizenship – membership in a state or nation Creed – religion or faith Sex – discrimination can be sexual in nature, or because of gender or pregnancy. This also includes the right to breastfeed in public areas or in the workplace. Sex also includes gender identity Sexual Orientation – gay, bisexual or heterosexual Handicap – physical disability or disfigurement caused by injury, illness or birth defect…a very long list Age – (employment), 16+ (accommodation), 18+ others

GROUNDS OF DISCRIMINATION Marital Status – includes cohabitation, widowhood, separation Family Status – the parent/child relationship Same Sex Partnership Record of Offences – provincial offences or pardoned federal offences (for employment) Receipt of Public Assistance – in housing only

The Duty to Accommodate Obligation of an employer or service to take measures to eliminate disadvantages to employees, prospective employees or clients that result from a rule, practice or physical barrier that may have an ADVERSE IMPACT on protected individuals or groups The duty to accommodate recognizes that true equality means respecting people’s different needs Needs that must be accommodated could be related to a person’s age, gender, disability, family or marital status, ethnic origin, religion, etc…

Exceptions to the Rule Accommodation can be denied if a rule, standard or practice is based on a bona fide occupational requirement or a bona fide justification This means that a service or employer can technically discriminate if the accommodation would cause UNDUE HARDSHIP to the employer or service provider Ex, an airline may require its pilots to have a certain level of uncorrected vision, hearing and manual dexterity in order to land a plan with all its passengers, safely, without instruments in an emergency. This requirement could prevent persons with certain disabilities from being a pilot.

5 WAYS YOU CAN DISCRIMINATE HARASSMENT – Engaging in a course of vexatious (annoying or provoking) comments or conduct which is known, or ought reasonably to be known, to be unwelcome. - We don’t have the right to impose our words or actions on someone if they are not wanted - It doesn’t matter if it’s intentional or unintentional, that is why the Code says “ought reasonably to be known” - EX: everyone is expected to know that racial or ethnic slurs or jokes are unwelcome - “Engaging in a course of” means it occurs more than once.

5 WAYS YOU CAN DISCRIMINATE SEXUAL HARASSMENT: Occurs when someone receives sexual attention and the person making the comments knows or should reasonably know that the comments or behaviour is offensive. - Every employee has the right to be free from sexual harassment from all in the workplace. Many applications!! - Also applies to tenants & school situations

5 WAYS YOU CAN DISCRIMINATE POISONED ENVIRONMENT: Created by comments or conduct that ridicule or insult a person or group protected under the Code. - Also created for individuals at whom the insults are not necessarily directed. Heterosexual offended by homophobic jokes - It must be clearly evident that such behaviour is making people feel uncomfortable in a school or work situation

5 WAYS YOU CAN DISCRIMINATE CONSTRUCTIVE DISCRIMINATION: occurs when a seemingly neutral requirement has discriminatory effects Can you think of a situation where this happens?? To avoid a finding of this, the employer or organization my prove that: 1) The requirement is bona fide – EXTREMELY necessary, in terms of safety, efficiency or economy AND 2) The person from a protected group can’t be accommodated without undue hardship to the employer

5 WAYS YOU CAN DISCRIMINATE SYSTEMIC DISCRIMNATION: discrimination that is part of the operating procedures of an organization. Can you think of any??