ONTARIO HUMAN

RIGHTS CODE
Human Rights Commission
The Human Rights Tribunal of Ontario
The Protected Areas
The Grounds of Discrimination

Preamble of the Code:

The Preamble of the Code states that it recognizes:

...inherent dignity and the equal and inalienable rights of all
members of the human family is the foundation of freedom,
justice and peace in the world and is in accord with the
Universal Declaration of Human Rights as proclaimed by
the United Nations The Preamble also recognizes that it
is:
public policy in Ontario to recognize the dignity and worth
of every person and to provide for equal rights and
opportunities without discrimination that is contrary to law.

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 someones

behaviour towards another is based on stereotypes &

prejudices, the result is discrimination.
When discrimination happens without governmental laws

being broken or involvement the CCRF doesnt apply it

turns to each provinces 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

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 the 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 defecta very long list
Age 18-65 (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 peoples different needs

Needs that must be accommodated could be related to a

persons age, gender, disability, family or marital status,

ethnic origin, religion, etc

If all these areas are protected,

where can you discriminate then??

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 plane with all its passengers, safely, without instruments
in an emergency. This requirement could prevent persons with
certain disabilities from being a pilot.

An organization that serves a group protected by the

Code, such as religious, educational or social institutions
serving ethnic groups, people with disabilities, religious
groups, etc., may choose to employ only members of that
group
An employer may choose to hire or not hire, or to promote
or not promote his or her own spouse, child or parent or
the spouse, child or parent of an employee
An employer may discriminate based on age, sex, record
of offences or marital status if these are genuine
requirements of the job.

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 dont have the right to impose our words or actions
on someone if they are not wanted
- It doesnt matter if its 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

Ex. Minimum height
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 cant be accommodated
without undue hardship to the employer

5 WAYS YOU CAN

DISCRIMINATE
SYSTEMIC DISCRIMINATION: discrimination that is part

of the operating procedures of an organization

HUMAN RIGHTS
Administering Human Rights Legislation

Human Rights Legislation

HR Commission- government created body to enforce

various human rights codes and make decisions about

complaints
Example of Administrative Law
Commissions, board of inquiry, adjudicator, and Tribunals
HR Commissions are also acting as an educative role to

promote positive relationships and to deal with social

tensions

Ontario Human Rights Commission

The OHRC is a statutory arms-length agency of the
Government of Ontario and meet regularly to direct
human rights policy in Ontario.
The Human Rights Code recognizes that everyone should
receive equal treatment and be free from discrimination. In
recognition of this important public interest, the OHRC
works to eliminate the root causes of discrimination in
society. The OHRC has does many different things to
advance human rights in Ontario.

The Ontario Human Rights Commission (OHRC)

Educating, empowering and mobilizing

Developing and publicizing leading-edge human rights
policy, to clarify law and promote effective public interest
remedies
Public interest inquiries to deal with emerging human rights
issues and events
Taking steps to reduce or resolve tension and conflict
Outreach, publications and training

Taking targeted legal action to clarify the law or enforce

compliance with the Code
Initiating applications at the Human Rights Tribunal of
Ontario (the HRTO) in the public interest
Intervening in cases, when the OHRC thinks the outcome
will affect a larger number of people
Researching and monitoring whats happening reporting
on the state of human rights in Ontario.

The Human Rights Tribunal of Ontario

The Ontario Human Rights Code provides that individuals
who believe that they have experienced discrimination
under the Human Rights Code can file a complaint (called
an application) with the Human Rights Tribunal of Ontario
(HRTO) to have their case heard and judged by a
qualified person called an adjudicator. The HRTO is
independent from the Ontario Human Rights Commission
and the Human Rights Legal Support Centre. It is similar
in format to a trial in a court of law but the standard for the
rules of evidence is on a balance of probabilities, where
in court the standard is beyond a reasonable doubt.

Human Rights Legislation

Example: 2007 a wave of violence against Asian-

Canadian anglers in small Ontario towns

HR Commission set up an inquiry and determined that the

situation needed to be solved and a campaign was

created

Fishing without Fear

Recommendations for developing race relations, training

for conservation officers and promoting anti racism in local

schools

Filing a Complaint
Complainant- the person making the allegation of

discrimination

As the accuser it is up to you to prove your case

Example: You feel that during a hiring interview you feel

discriminated against you must prove that:

1.
2.
3.

You were qualified for the particular employment

You were not hired for the job
Someone no better qualified than you was hired- someone
who lacked the distinguishing feature of your complaint

. If all of this is met, your case might go to a commission or

tribunal

Filing a Complaint
The commission will inform you if your complaint is

covered by the OHRC

If so, the commission will serve your claim to the

respondent (the person or group you are alleging

discrimination)
The respondent will then be asked to formally respond to

the claim

Dismissing a Complaint
At this stage the HR Commission may dismiss the

complaint for the following reasons:

There is no merit to the claim
There is minimal issue of discrimination
The complaint has already been dealt with by another

proceeding
The claim is made for improper motives or is frivolous
There is a time limit for claims (usually one year)

Mediation and Investigation

If your claim is not dismissed it moves on to this step
Mediation- parties are assisted by a mediator
Both parties must agree to a mediation solution
If this does not occur, the complaint goes to formal

investigation by the HR Commission

Gathering evidence

Mediation and Investigation

After investigation by an HR Officer and no solution can

be reached between the parties than the case will be

referred to a trial type case
Similar to a criminal trial- calling witnesses
Decisions can also be appealed as in criminal law
The solution is to provide remedies which try and provide

a solution similar to what the complaint was for

Remedies
Dependent on circumstances
Ordering for a halt in discriminatory practices
Payment for mental anguish or losses in pay or benefits
Compelling an employer to give a job back or to provide a

promotion that was denied

Forcing organizations to adopt certain programs
Provide HR training

Determining a Case
1. Is the area of the potential discrimination/harassment covered by

the Ontario Human Rights Code?

2. Is the potential ground of discrimination/harassment covered by

the Ontario Human Rights Code?

3. Has the employer/accused used a rule, practice or barrier that

has caused an adverse impact on the person making the claim?

4. Can the employer provide evidence of a bona fide requirement

that if forced to accommodate would cause undue hardship to the

company, building, event, etc

5. If 4 cannot be answered adequately by the employer/accused

than the claimant will win remedies- they will have been
discriminated against or harassed.