Applying the Code
Part II of the Code explains how the Code is interpreted and applied. In Human Rights 101, we will look at the following:
- Harassment (s.10)
- Duty to Accommodate (s.17)
- Special Programs (s.14)
- Special Interest Organizations (s.18)
- Special Employment (s.24)
The remarks in parentheses refer to sections of the
Ontario Human Rights Code R.S.O. 1990, Chapter H.19,which is available on the Internet in its entirety from e-Laws.
Part 2 of the Code explains how the Code is interpreted and applied. It also sets out the exceptions to the Code. Exceptions are very specific situations where the Code allows you to treat people differently based on Code grounds. In Human Rights 101, we'll look at the definition of: Harassment under Section 10, the Duty to Accommodate under Section 17, Special Programs under Section 14, Special Interest Organizations under Section 18, and Special Employment under Section 24.
Harassment
Harassment
- Can be based on any prohibited ground and any of the social areas
- Can be words or actions
- Usually happens more than one time
- Is or should be known to be unwelcome
What should I remember about harassment?
- The unwelcome comment or conduct usually happens more than once.
- Remember, it's not the intention that matters, it's the effect or impact.
- Employers and service providers are responsible for preventing and stopping harassment. And if they do nothing, harassment can be costly.
- Everyone should know what steps to take to stop and prevent harassment.
Remember, the Code looks at the effect or consequence of the words or behaviour not whether or not there was an intention to harass or discriminate.
Comment or action of some form that poisons an employment, service, or housing environment for individuals involved... 
- Personal Cost
- mental anguish
- sickness
- loss of income
- loss of job
- career set-back
- damaged self-esteem
- social isolation
- Business cost
- staff turnover
- increased training
- absenteeism
- low morale
- production declines
- litigation costs
- benefits costs
- public image
Employers and service providers are responsible for preventing and stopping harassment 
Develop a policy; make everyone aware of the policy; follow the policy 
Provide information on the Code
Educate staff and unions 
Discipline those who harass others
- Does your organization have a policy?
If you can, tell the person harassing you to stop
Inform your supervisor, manager or Human Resources Director- Report it to someone in a higher position
- Tell your steward or union representative
Make good notes- Call the police if the behaviour seems criminal
This is the Code definition of harassment. Section 10 defines harassment as “a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.” Let’s break down this definition. Harassment can be based on any prohibited ground and any of the social areas. Harassment can be words or actions, usually happens more than one time, is known or should be known to be unwelcome.
Discrimination Type:
Duty to Accommodate
Duty to Accommodate
- Principles of Accommodation:
- Respect for dignity
- Individualization
- Integration and participation
- barrier-free design
- Standard of Accommodation: Undue hardship
- Costs
- Outside sources of funding
- Health and safety requirements.
Accommodation means making special arrangements for some people, 
so they can have the same opportunities as everyone else. For example, flexible working hours or a ramp into a building can make a big difference.
To summarize, under the Code the expectation is the 'duty to accommodate', and the standard is “short of undue hardship”.
Duty to Accommodate
Short of Undue Hardship
Let's move on to the duty to accommodate short of undue hardship. The duty to accommodate considers The Principles of Accommodation and The Standards of Accommodation.
Accommodation means making special arrangements for some people, so they can have the same opportunities as everyone else. For example, flexible working hours or a ramp into a building can make a big difference.
Employers and service providers have a legal duty to accommodate people based on grounds of the Code.
They must accommodate people in a respectful and dignified way, so they don't face barriers.
They must look at each case separately to see if there is a solution.
Accommodation is a two way street. The employer and the employee both have obligations under the duty to accommodate. The employee makes a request, explains what is needed and why, provides necessary information on restrictions and limitations, discusses possible accommodation solutions, cooperates with experts if required, agrees to meet work standards, and continues working with the employer to manage the accommodation process. From the employer's part, the employer accepts the request in good faith, respects the employee's dignity, assesses needs, and considers 'undue hardship'.
To summarize, under the Code the expectation is the 'duty to accommodate', and the standard is 'short of undue hardship'.
Organizational Responsibility:
Special Interest Organizations
The following types of organizations are permitted under the Code to limit their services or facilities on specific grounds:
- Philanthropic or charitable groups;
- Educational organizations such as religious colleges;
- Fraternal organizations such as mutual aid societies;
- Social institutions such as the Japanese or Estonian community centres.
Special interest organizations. The Code allows certain organizations to limit services or facilities on specific grounds. These organizations include: Philanthropic or charitable groups, educational organizations such as religious colleges, fraternal organizations such as mutual aid societies, or social institutions such as the Japanese or Estonian community centres.
Special Employment
The Code allows special job programs for some organizations. These groups may hire people who share the same culture, religion or background as the people they serve. They include:
- Religious schools or colleges
- Community benefit groups, such as mutual aid societies
- Social or cultural clubs that serve a specific ethnic group
The Code allows special employment for certain types of organizations. These groups may hire people who identify with the same Code grounds as the people they serve. They include: Educational organizations such as religious colleges, fraternal organizations such as mutual aid societies, and social organizations such as a cultural clubs that serves a particular ethnic group.