Race and related grounds

1. Policy on height and weight requirements

   June 1996 - Standards for height and weight are sometimes used to screen or evaluate job applicants. In the OHRC's experience, this tends to occur in recruitment for occupations that traditionally have been male dominated. These standards or selection criteria are based on the average physical stature of men in the majority population group. Women and members of racialized groups are, on the average, physically smaller than members of the majority population group. Consequently, these groups tend to be disadvantaged by height and weight criteria. The policy of the OHRC with regard to such recruitment practices is set out below. This policy applies to all height and weight criteria used in the context of employment.

2. Policy on discrimination and language

   June 1996 - This policy statement sets out the OHRC’s position on language-based discrimination in the areas of employment, accommodation, services, contracts, and membership in trade unions, trades, occupational associations or self-governing professions. Although the Code does not explicitly identify "language" as a prohibited ground of discrimination, the Human Rights tribunal of Ontario may consider claims under a number of related grounds, such as ancestry, ethnic origin, place of origin and in some circumstances, race. In the Commission's experience, language can be an element of a complaint based on any of these grounds.

3. Policy and guidelines on racism and racial discrimination

   June 2005 - This policy sets out the OHRC’s position on racism, racial discrimination and racial harassment, at the time of publication. It replaces the OHRC’s 1996 Policy on Racial Slurs and Harassment and Racial Jokes. It deals with issues that fall within the OHRC’s jurisdiction and which can form the subject matter of an application to the Tribunal. The policy is therefore bounded by the provisions of the Ontario Human Rights Code and Canada’s legal framework for analyzing discrimination. At the same time, the policy interprets the protections in the Code in a broad and purposive manner.

4. Racial discrimination, race and racism (fact sheet)

   June 2005 - There is no fixed definition of racial discrimination. However, it has been described as any distinction, conduct or action, whether intentional or not, but based on a person’s race, which has the effect of imposing burdens on an individual or group, not imposed upon others or which withholds or limits access to benefits available to other members of society. Race need only be a factor for racial discrimination to have occurred.

5. Racial profiling inquiry: Whats next (fact sheet)

   December 2003 - In order to bridge the divide between those who deny the existence of racial profiling on the one hand, and the communities who have long held that they are targets of racial profiling on the other, the Commission plans to

6. Racial profiling inquiry: Major themes (fact sheet)

   December 2003 - In reviewing the material received during its inquiry, the following eight themes emerged.

7. Racial profiling inquiry: Objectives (fact sheet)

   December 2003 - The Commission’s racial profiling inquiry initiative was undertaken in response to community concerns about the impact of profiling on members of their respective communities. The inquiry’s main objectives were to give individuals who had been subjected to profiling an opportunity to share those experiences and to show its effects on their families and communities. In doing so, the Commission hoped to raise public awareness of the harmful effects and the social costs of racial profiling.

8. Racial profiling inquiry: Main report recommendations (fact sheet)

   December 2003 - The Commission’s report on racial profiling puts forward a number of recommendations to address the issue of racial profiling.

9. Examples of racial discrimination (fact sheet)

   2005 - People can experience racial discrimination in a variety of different ways. In its most overt form, racial discrimination can occur as a result of stereotyping, prejudice and bias. Racial discrimination also occurs in large measure through subtle forms of differential treatment.

10. Racial harassment and poisoned environments (fact sheet)

    2005 - All Ontarians have the right to be free from harassment in the workplace or in housing accommodation because of, among other things, race, colour, ancestry, place of origin, ethnic origin, citizenship and creed. While the Ontario Human Rights Code (the “Code”) doesn’t explicitly prohibit harassment in the areas of services, goods and facilities, contracts or membership in trade and vocational associations, the Commission will treat racial harassment in such situations as a form of discrimination and therefore a breach of the Code.

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