The Preamble
While the principles of the Preamble remain constant, the way we interpret these
principles continues to evolve in step with changes in our society. Examples of how
In 2012, adding the new grounds of gender identity and gender expression
The Code is remedial
Human rights legislation is meant to remedy the situation for the person or group discriminated
against, and to prevent further discrimination. It is not meant to punish the individual or
organization that has discriminated.
The Ontario Human Rights Code provides for civil remedies, not criminal penalties. Individuals
or organizations found to have discriminated are not sent to jail but can be required to
compensate the person discriminated against, or make major changes in the way they conduct
their affairs.
HUMAN RIGHTS Fundamental rights & freedoms to
which all people are entitled
DISCRIMINATION Treating a person unfairly
because of...What?
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.
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
Protected Grounds
Age Marital status (including single status)
Race common descent or external features such as skin colour, hair texture, facial
characteristics
Ethnic origin social, cultural or religious practices drawn from a common past
A newer way of looking at disability is that it is not something a person has. A person with a medical condition is not
necessary prevented (or disabled) from fully taking part in society. If society is designed to be accessible and include
everyone, then people with medical conditions often dont have a problem taking part. From this point of view, disability
is a problem that occurs when a persons environment is not designed to suit their abilities.
Gender expression the external attributes, behaviour, appearance, dress, etc. by
which people express themselves and through which others perceive that persons
gender
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. For example, a shelter for abused women may choose to hire only
women as counsellors; a club may hire only male attendants to work in the men's locker room; or a child
care facility may refuse to hire someone convicted of a criminal offence based on the ground that the
hiring would pose a safety risk to the vulnerable individuals.
Bona fide job requirements
- 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
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!
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
CONSTRUCTIVE DISCRIMINATION