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:
Frank Fabiano
Chief Administrative Officer, City of Thorold
Dear Mr. Fabiano,
I am writing in response to your request for advice regarding the issue raised by people of Aboriginal heritage in your community who find objectionable the current Black Hawk warrior image used by local hockey teams and their associations in Thorold, Ontario.
June 2014 - Mental health issues and addictions are “disabilities” that are protected under the Code. For example, the Code protects people who have anxiety disorders, panic attacks, post-traumatic stress disorder (PTSD), depression, schizophrenia, bipolar disorder, or addictions to alcohol or drugs, just to name a few.
April 2014 - The Ontario Human Rights Commission (OHRC) is troubled by allegations that the Ontario Provincial Police (OPP) engaged in racial profiling when requesting DNA samples from approximately 100 “Indo and Afro-Caribbean” male migrant workers near Vienna, Ontario as part of a sexual assault investigation in October and November 2013.
December 2013 - The purpose of this guide is to provide organizations with some practical help for developing effective and fair ways to prevent human rights infringements, and for responding to human rights issues such as harassment, discrimination and accommodation needs. Employers, landlords and service providers all have an obligation to make sure that human rights are respected, and can all benefit from the information provided in this publication.
The Ontario Human Rights Commission (OHRC) is releasing a public statement (attached) clarifying the legitimate status of preferential employment and contracting provisions within Impact and Benefit Agreements (IBAs) under Ontario’s Human Rights Code (the Code). Our position is that the preferential employment and contracting provisions in IBAs are consistent with “special programs” under section 14 of the Code.
February 2014 - Impact and Benefit Agreements (IBAs) are becoming an industry standard for resource development projects that are located on or impact Aboriginal Peoples’ traditional lands and rights. The agreements often contain employment and contracting provisions that give priority for training, hiring and contracting to Aboriginal Peoples.When Aboriginal governments choose to enter into IBAs, the Ontario Human Rights Commission (OHRC) supports developing and implementing preferential employment and contracting provisions in IBAs, to address historical disadvantage and promote substantive equality for Aboriginal Peoples in Ontario.
December 2013 - Under the Code, all organizations are prohibited from treating people unfairly because of Code grounds, must remove barriers that cause discrimination, and must stop it when it occurs. Organizations can also choose to develop “special programs” to help disadvantaged groups improve their situation. The Code and the Canadian Charter of Rights and Freedoms both recognize the importance of addressing historical disadvantage by protecting special programs to help marginalized groups. The Supreme Court of Canada has also recognized the need to protect “programs” established by legislation that are designed to address the conditions of a disadvantaged group.
From: Guide to your rights and responsibilities under the Human Rights Code
Employment may not be denied or made conditional upon enrolment in a benefit or similar plan, which makes a distinction based on a Code ground. The general rule of non-discrimination in employment applies to pension plans, benefit plans and terms of group insurance except where reasonable and genuine distinctions or exclusions are based on age, marital status, family status or sex.
From: Guide to your rights and responsibilities under the Human Rights Code
Organizations are generally not allowed to hire in a discriminatory way. However, there are some exceptions. The most common ones are:
From: Guide to your rights and responsibilities under the Human Rights Code
Advertisements for jobs should not refer, directly or indirectly, to prohibited grounds of discrimination. For example, an ad that says “We prefer hiring younger people” is not allowed.[36]
