The Code states that every person has a right to equal treatment with respect to employment without discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.
The right to “equal treatment with respect to employment” covers every aspect of the workplace environment and employment relationship, including job applications, recruitment, training, transfers, promotions, apprenticeship terms, dismissal and layoffs. It also covers rate of pay, overtime, hours of work, holidays, benefits, shift work, discipline and performance evaluations.
Relevant policies and guides:
Year of decision: 2010
In a decision on June 16, 2010, the Human Rights Tribunal of Ontario found that the Toronto Police Services Board discriminated against a new recruit, Ariyeh Krieger, by not accommodating his mental disability to the point of undue hardship.
April 2006 - The settlement sets out the following commitments:
As part of its commitment to employment equity, the Toronto District School Board (the “Board”) agrees to undertake a number of initiatives that expand upon its efforts to date to promote barrier-free hiring and promotion, and equitable representation of designated groups at all levels of employment.
From: Policy on creed and the accommodation of religious observances
Dress codes, work schedules or shift work sometimes adversely affect individuals because of religious requirements. When this happens, the obligation to accommodate the individual, based on the needs of the group, is triggered under the Code.
From: Policy on creed and the accommodation of religious observances
Discrimination or unequal treatment may be legally defensible in certain circumstances.
First, s. 18 of the Code provides that religious, philanthropic, educational, fraternal or social institutions that are primarily engaged in serving the interests of persons who are identified by their creed, may give priority to persons of the same creed with regard to participation or membership.
From: Policy on HIV/AIDS-related discrimination
Testing for HIV infection would constitute a medical examination. It is the OHRC's position that any medical examination carried out for employment purposes should focus on verifying whether or not an individual is able to perform the essential duties of a particular job.
Employers considering any form of employment-related medical testing should refer to the OHRC's Human Rights At Work, 3rd. Ed. (2008) and the Policy on Employment-Related Medical Information.
