What is Discrimination?
Under the Ontario Human Rights Code, workplace discrimination is defined as any conduct or action, intentional or not, that treats someone differently or adversely because of a protected characteristic. The Canadian Human Rights Act also plays a crucial role in prohibiting discriminatory practices. The protected characteristics under the Code include:
- Race
- Ancestry
- Place of origin
- Colour
- Ethnic origin
- Citizenship
- Creed (religion)
- Sex (including pregnancy and gender identity)
- Sexual orientation
- Age
- Marital status
- Family status
- Disability
Human rights law serves as a framework for safeguarding individual rights and addressing instances of discrimination. The Employment Equity Act further ensures equal opportunity and non-discrimination under federal jurisdiction.
To help clarify each ground, the following is more detail and some examples of the prohibited grounds for discrimination in Ontario.
Race/Ancestry/Place or Origin/Skin Colour
Discrimination based on race can include treating employees or job candidates differently based on their skin color, ancestry, ethnicity, or place of origin. For example, an employer might pass over a qualified job candidate for a promotion because they are of a different race than the majority of the company’s employees. Alternatively, an employee could experience discrimination in the course of their employment, through things like racial slurs or other racist behaviors.
Gender Identity/Sexual Identity/Sexual Orientation
Discrimination based on gender can include treating employees or job candidates differently based on their gender, gender identity, sex, sexual identity, or sexual orientation. For example, an employer might refuse to hire a transgender person because of their gender identity. An employer may also discriminate against a worker in the course of their employment because of their sexual orientation or gender identity.
Age
Discrimination based on age can include treating employees or job candidates differently based on their age. For example, an employer might lay off older workers because they assume they will retire soon or refuse to hire younger workers because they assume they lack experience.
Disability
Discrimination based on disability can include treating employees or job candidates differently based on their physical, mental, or learning disabilities. For example, an employer might refuse to hire someone with a visible physical disability because they assume the person will need reasonable accommodations that the company is unwilling to provide. Otherwise, a worker might experience discrimination during work by being denied reasonable accommodations.
Creed (Religion)
Discrimination based on religion can include treating employees or job candidates differently based on their religion or beliefs. For example, an employer might refuse to accommodate an employee’s request for time off to observe a religious holiday.
Marital status
Discrimination based on marital status can include treating employees or job candidates differently based on their marital status or relationship status. For example, an employer might assume that a single employee is less committed to their job than a married employee.
Family status
Discrimination based on family status can include treating employees or job candidates differently based on their family status or responsibilities. For example, an employer might refuse to hire someone because they have young children and the company assumes the employee will need to take time off for childcare.
What is Not Covered Under the Ontario Human Rights Code:
While the Ontario Human Rights Code provides protections against discrimination based on certain specific characteristics, not all types of discrimination are covered. Examples of discrimination that are not a prohibited ground, hence not covered by the Ontario Human Rights Code include:
- Political Beliefs or Affiliation: This means that an employer may be legally allowed to discriminate against an employee or job candidate based on their political views or affiliation, as long as it does not overlap with any of the protected grounds.
- Criminal Record: While the Code protects against discrimination based on certain criminal convictions (such as a conviction that has been pardoned or expunged), it does not protect against discrimination based on an individual’s criminal record more broadly. This means that an employer may legally refuse to hire an individual or terminate their employment based on their criminal record.
- Physical Appearance: While appearance-related discrimination is sometimes included under the grounds of “disability” or “gender”, in most cases it is not explicitly covered by the Code. For example, an employer may be legally allowed to discriminate against an employee or job candidate based on their height, weight, hair style, or facial features.
Human rights laws differentiate between federal and provincial jurisdictions, with each level of government having its own set of regulations and protections.
If you are feel you are not being treated equally at work, and have any questions regarding discrimination in the workplace, please contact our office by calling (416) 921-7997 ext. 225 to book an appointment with Stacey Ball.