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1. 7. Forms of discrimination

   From: Policy on preventing discrimination because of gender identity and gender expression

   7.1 Direct, indirect and subtle discrimination

   Discrimination may take many different forms. It may happen in a direct way. It can happen when individuals or organizations exclude trans people from housing, employment or services, withhold benefits that are available to others, or impose extra burdens that are not imposed on others, without a legitimate reason.

   Discrimination may also happen indirectly. It may be carried out through another person or organization.

2. 7. Intersecting grounds

   From: Policy on preventing discrimination based on mental health disabilities and addictions

   Discrimination may be unique or distinct when it occurs based on two or more Code grounds. Such discrimination can be said to be “intersectional.” The concept of intersectional discrimination recognizes that people’s lives involve multiple interrelated identities, and that marginalization and exclusion based on Code grounds may exist because of how these identities intersect.

3. 7. Pay, benefits, dress codes and other issues

   From: Human Rights at Work 2008 - Third Edition

   a) Human rights training and education for employees

   As is noted in Section IV-1a(v) – “Educate and train employees on policies and procedures,” it is expected that all employees will receive human rights training so that they can know and understand their obligations in the workplace. It is very important that this be done for employees providing services to the public and senior staff responsible for hiring, managing performance, accommodations, discipline and handling human rights concerns. Failing to train these key staff may lead to human rights claims.

4. 8. Curriculum and instruction

   From: Right to Read inquiry report

   Introduction

   Children with unaddressed reading difficulties have not failed the system; the system has failed them. We now know that this is not inevitable, even for children who face significant challenges.

   - Ontario 2003 Expert Panel on Early Reading Report at p 7

5. 8. Meeting the accommodation needs of employees on the job

   From: Human Rights at Work 2008 - Third Edition

   a) Duty to accommodate to the point of undue hardship

   The Code requires an effort, short of undue hardship, to accommodate the needs of persons who are protected by the Code. It would be unfair to exclude someone from the workplace or activities in the workplace because their Code-protected needs are different from the majority. The principle of accommodation applies to all grounds of the Code, but accommodation issues in employment most often relate to the needs of:

6. 8. Poverty, mental health and addiction

   From: Policy on preventing discrimination based on mental health disabilities and addictions

   People with psychosocial disabilities are more likely to have low incomes than people without psychosocial disabilities, and many people live in chronic poverty. In the OHRC’s mental health consultation, as well as in its housing policy consultation, it heard a great deal about the links between mental health, addictions and societal factors such as poverty, homelessness, lower levels of education, inadequate levels of public assistance and other social supports, and a lack of affordable housing. For example, many people who have psychosocial disabilities receive public assistance.

7. 8. Preventing and responding to sexual harassment

   From: Policy on preventing sexual and gender-based harassment

   The ultimate responsibility for maintaining an environment free from sexual harassment rests with employers, housing providers, educators and other responsible parties covered by the Code. From a human rights perspective, it is not acceptable to choose to stay unaware of sexual harassment, whether or not a human rights claim has been made.^[170]

8. 8. Specific actions to consider

   From: Human rights and policing: Creating and sustaining organizational change

   Over the last few years, new strategies to support human rights organizational change in policing organizations have been developed. This section describes some of the key actions that were taken during the Toronto Police Service Human Rights Project, but many have also been used in various shapes and forms by other police organizations.

9. 8. The duty to accommodate

   From: Policy on preventing discrimination because of gender identity and gender expression

   Under the Code, employers and unions, housing and service providers have a legal duty to accommodate the needs of people because of their gender identity or gender expression, unless it would cause undue hardship. The goal of accommodation is to help everyone have equal opportunities, access and benefits. Failure to accommodate may lead to a finding of discrimination under the Code.

10. 9. Early screening

    From: Right to Read inquiry report

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