Ontario Human Rights Code

Source: From Ontario Emergency Preparedness training 2023-07-28 and workplace inclusion training

• Ensures everyone is treated equally
• Applies to all organizations, including employers, employees, unpaid and volunteer workers. Organizations have a duty to accommodate people to a point of undue hardship
• Since 1962, first human rights code in Canada

Types of Discrimination

• Prohibits discrimination against people on a protected ground in a protected social area (i.e. employment, housing, services, contracts)
  • Discrimination = negative treatment or impact whether intentional or not, for example unfair treatment
• Goal is to fix the situation

Types:

• Overt or hidden / subtle
• Constructive adverse effect: Rules policies, procedures, requirements, eligibility criteria or qualifications may seem fair on the surface, but actually lead to discrimination. For example, the height and weight requirements for police officers have been deemed to be a form of constructive discrimination.
• Systemic: Patterns of behaviour, policies or practices that are part of an organization and its culture. Examples of this are the education and judicial systems.

Forms:

• Harassment
• Poisoned environment - ongoing and widespread discrimination
• Profiling - When a person or organization in authority subjects someone who is protected under the Code to greater scrutiny, lesser scrutiny, or other negative treatment for claimed or real reasons of safety, security or public protection. For example security officials in a mall following young black men more than other groups based on stereotypes.
• Discrimination by association
• Perceived discrimination

Grounds of protection include

• Disability (In the Code, disabilities can include physical limitations, mental health, cognitive or intellectual development,

learning, hearing, or vision. They also can include epilepsy, substance addictions, environmental sensitivities, and workplace injuries)

• Age

• Sex (like pregnancy, breastfeeding)

• Gender identity (2012)

• Gender expression (2012)

• Sexual orientation

• Marital status

• Family status

• Race & colour

• Ancestry

• Ethnic origin

• Place of origin

• Citizenship

• Creed

• Record of offences (in employment, if pardoned)

• Why is class not in code?

  • Hard to measure, though possible to set measures
  • May be challenging to check discrimination in comparison to the measurement

The Code states that everyone has the right to be free from discrimination in five specific areas called “Social Areas”:

• Services, goods and facilities
• Housing accommodation
• Contracts
• Employment
• Vocational associations

Duty to Accommodate

Legal standard to accommodate people. Best accommodation is one suited to the person.

There are three principles of accommodation:

• Design society inclusively
• Remove barriers
• Accommodate any remaining individual needs in a way that most respects dignity. Can be:
  • Rules
  • Policies
  • Procedures
  • Requirements

Organization must:

• Accept requests for accommodation in good faith.
• Act promptly.
• Ask only for information needed to provide the accommodation.
• Actively seek appropriate accommodation solutions and ask for expert help if needed.
• Cooperate with other parties where necessary.
• Respect the dignity and privacy of the person asking for accommodation, and make sure the accommodation process doesn’t lead to reprlsals against that person.
• Cover the costs of accommodations.

Example Accommodations or Accessibility Improvements

• Providing printed material in alternative formats such as electronic files, large print or Braille.
• Providing sign language interpreters or real-time captioning for people who are deaf or hard of hearing.
• Offering flexible work hours or break times.
• Modifying job duties, retraining, or offering alternative work.
• Installing automatic door openers and accessible washrooms.

Exemption

Exemption is only granted in “undue hardship” where negative effects of implementation outweigh the benefit of accommodation.

• An accommodation so expensive that it would put a company out of business.
• A severe health and safety danger that can’t be reduced.

The accommodation provider must be able to provide evidence that the undue hardship will result.

Applications

• Social stereotypes about gender, prejudice and fear are often at root of discrimination and harassment
• An organization must have a reason for collecting personal information
• Trans people should have access to facilities for their work/play
• Flexible dress code
• Organizations should design and change rules to be inclusive
• Organizations are liable for discrimination