Introduction to the Ontario Human Rights Code

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Introduction to the Ontario Human Rights Code
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PREAMBLE

• The preamble is the most important element of the
  Ontario Human Rights Code.
• - Identifies international obligations
• - Establishes that human rights protections are
  public policy
• - Recognizes the dignity and worth of
• every person

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The Preamble states

• WHEREAS recognition of the inherent dignity 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.

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• AND WHEREAS 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 the
  law,

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• and having as its aim the creation of a climate
  of understanding and mutual respect for the
  dignity and worth of each person so that each
  person feels a party of the community and able to
  contribute fully to the development and
  well-being of the community and the Province

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Parts I and II of the Code

• Part I
• Freedom from Discrimination
• Sections 1 9
• social areas, grounds of discrimination
• Part II
• Interpretation and Application
• section 10 definitions
• sections 14 24 exceptions to the Code

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Prima Facie Complaint

• Social Area Ground (s)
• Complaint

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Social Areas

• Section 1 Services
• Section 2 Accommodation
• Section 3 Contracts
• Section 4 Accommodation of persons under 18
• Section 5 Employment
• Section 6 Vocational Associations

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Right to equal treatment without discrimination

• Every person has a right to equal treatment with
  respect to services, goods and facilities,
  accommodation, contracts, employment and
  vocational associations without discrimination
  because of (grounds)

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1. Services, goods, facilities

• shops
• theatres
• restaurants
• taverns
• gas stations
• education/training programs in schools
  universities etc.
• hospitals
• insurance companies

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2. Accommodation

• rental and commercial accommodation
• granting of
• accommodation
• amount of rent
• security deposits
• rules and regulations
• termination of a
• lease
• eviction

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3. Contracts

• oral or written contract
• includes the making / acceptance or rejection of
  an offer
• independent contractors / sub-contractors
• contract for purchase of a house or condominium
  etc.
• contract for purchase of commercial
  accommodation, office/retail space
• contract of insurance etc.

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Accommodation of persons under 18

• Section 4(1)
• Is a sixteen or seventeen year old person
• Is no longer under parental control

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5. Employment

• covers all aspects related to employment
  including
• recruitment, interviews, application forms
• hiring, training
• transfers, promotion
• apprenticeship terms
• dismissals
• layoffs
• government contracts

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6. Membership in Vocational Associations

• trade unions
• self-governing professions
• employers organizations
• management organizations

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Do these fall under a social area?

• Restaurant, library or community centre
• Walking down the street
• A promotion
• The union wont send you on assignments because
  he thinks your English is poor

• Services, goods and facilities
• No
• Employment
• Vocational Association

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Grounds of Discrimination Services /
Accommodation / Employment

• - race
• - ancestry
• - place of origin
• - colour
• - ethnic origin
• - citizenship
• - creed

• - sex (pregnancy)
• - sexual orientation
• - age (18 over in employment)
• - marital status
• - family status
• - disability
• - reprisal

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Grounds of Discrimination specific grounds

• GROUNDS
• receipt of public
• age (18 to 65)
• record of offences

• SOCIAL AREA
• Accommodation only
• Employment only
• Employment only

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Introduction to the Ontario Human Rights Code

• Part II Definitions- section 10 -

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Age

• Is defined to mean 18 years or more except
• in employment (18 - 65)
• contracts for accommodation (aged 16 and have
  withdrawn from parental control s. 4(2))
• Includes
• (i) Any degree of physical disability, infirmity,
  malformation or disfigurement that is caused by
  bodily injury , birth defect or illness.
• (ii) a condition of mental retardation or
  impairment

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Because of Disability

• (iii) a learning disability, or a dysfunction in
  one or more processes involved in understanding
  or using symbols or spoken language
• (iv) a mental disorder
• (v) an injury or disability for which benefits
  were claimed under the Workers Compensation Act

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Because of Disability

• Ability to perform essential duties and
• requirements
• right to non-discrimination not infringed if
  person is incapable of fulfilling the essential
  duties or requirements of the position (s. 17
  (1))
• essential duties are duties that are necessary
  for the use of services, accommodation,or the
  performance of a job

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Because of Disability

• Accommodation short of undue hardship
• the employer, landlord, service provider must
  accommodate this persons needs, short of undue
  hardship, considering the cost, any outside
  sources of funding and health and safety
  requirements
• See the Policy and Guidelines on Disability and
  the Duty to Accommodate

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Harassment means

• engaging in a course of vexatious comment or
  conduct that is known or ought reasonably to be
  known to be unwelcome.

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Harassment

• .. a course of .. usually more than one
  incident
• vexatious comment ... what is said
• or conduct ... actions (e.g. touching),
  gestures (e.g. leering), posting of materials,
  graffiti etc.

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Harassment is specifically covered

• In accommodation landlords, people acting for
  landlords (s. 2(2))
• in employment employers, people acting for
  employers, co-workers (s.5(2))

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Harassment because of Sex

• Section 7(1) Harassment because of sex in
• accommodation
• Section 7(2) Harassment because of sex in
• Workplaces
• Section 7(3) Sexual solicitation by a perso
• in position to confer benefit, etc.

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Marital Status

• married
• single
• widowed
• divorced
• separated
• living with a person of the opposite sex in a
  conjugal relationship outside of marriage

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Record of Offences

• employment only
• person who has been convicted of an offence under
  an Ontario statute, or
• who has been convicted of a federal offence for
  which a pardon has been granted

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Spouse

• Code definition the person to whom a person of
  the opposite sex is married or with whom the
  person is living in a conjugal relationship
  outside marriage
• Dwyer and Simms Leshner same-sex

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Exceptions

• Section 14 Special Programs
• Section 16 (Canadian citizenship)
• Section 18 a religious philanthropic, education,
• fraternal or social organizations such a seniors
• club, serves the special interests of persons
• Section 21 Shared accommodation
• Section 22 Insurance contracts
• Section 24 Special employment

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Complaints

• Include the Social Area
• Include the ground (s)
• Include ALL the relevant Code provisions (I.e.
  sections of the Code) AND section 9
• Is harassment involved?
• Is there reprisal?

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Specific Provisions of the Code

• Infringement prohibited
• 9. No person shall infringe or do, directly or
  indirectly, anything that infringes a right under
  this Part.

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Types of discrimination

• Direct
• Indirect
• Constructive (s. 11)
• Systemic
• Because of (s. 12) association
• Reprisal (s. 9)

• Announced intent s. 13
• Perception
• Harassment
• Poisoned environment

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Are these prima facie complaints?

• The apartment manager wont rent to a pregnant
  woman
• The factory manager fires you because he doesnt
  like your accent
• The Chief Engineer who is from China wont hire
  engineers from Taiwan

• Accommodation / sex, family status
• Employment / language country of origin,
  ethnic origin
• Employment / place of origin, ancestry