Human Rights
Canadian Human Rights Act
The Canadian Human Rights Act is under Federal jurisdiction to protect people from discrimination and ensure equal rights for everyone. It prohibits discrimination based on race, religion, gender, age or disability in federally regulated areas such as workplaces, government services and housing.
” Discriminatory practices are forbidden based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability or conviction for an offense for which a pardon has been granted or in respect of which a record suspension has been ordered. “
Area of applications:
- Denial of commercial premises or residential accommodation
- Employment practices
- Employment applications, advertisements
- Employee Organization
- Discriminatory policies or practices
- Publication of discriminatory notices
- Harassment
- Sexual harassment
- Retaliation
Ground for Exception:
For any practice mentioned in paragraph (1)(a) to be considered to be based on a bona fide occupational requirement and for any practice mentioned in paragraph (1)(g) to be considered to have a bona fide justification, it must be established that accommodation of the needs of an individual or a class of individuals affected would impose undue hardship on the person who would have to accommodate those needs, considering health, safety and cost. [Canadian Human Rights Act (R.S.C., 1985, c. H-6), s15(2)]
Ontario Human Rights Code
Under the Ontario jurisdiction, discriminatory practices are forbidden based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance.
The Code prohibits discrimination and harassment on any of the following grounds:
- Race
- Colour
- Ancestry
- Place of origin
- Citizenship
- Ethnic origin
- Disability
- Creed
- Sex, including sexual harassment and pregnancy
- Sexual orientation
- Gender identity
- Gender expression
- Family status
- Marital status
- Age
- Receipt of public assistance (Applies only to claims about housing.)
- Record of offenses (Applies only to claims about employment and to criminal convictions for which you have received a pardon.)
- employment
- accommodation (housing)
- goods, services and facilities
- contracts
- membership in trade and vocational associations
Area of applications:
- Services
- Accommodation
- Contracts
- Employment
- Harassment in Employment
- Vocational associations
- Sexual harassment
- Sexual harassment in workplace
- Reprisals
- Infringement prohibited
Ground for Exception:
(2) No tribunal or court shall find that a qualification under clause (1) (b) is reasonable and bona fide unless it is satisfied that the circumstances of the person cannot be accommodated without undue hardship on the person responsible for accommodating those circumstances considering the cost, outside sources of funding, if any, and health and safety requirements, if any. [Ontario Human Rights Code R.S.O. 1990, c. H.19, s. 17 (2)]