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:
From: Human rights and the family in Ontario
From: The cost of caring: Report on the consultation on discrimination on the basis of family status
What are the lessons we can learn? How can we move towards a different world: one where there is public support for child rearing and care giving; one where both men and women are given equal roles and responsibilities; one where care giving requirements don’t fall on people who are already struggling?
CAW Canada
From: Policy on discrimination against older people because of age
Assumptions and stereotypes about older workers are unfortunately all too prevalent in our workplaces. Older workers are often unfairly perceived as less productive, less committed to their jobs, not dynamic or innovative, unreceptive to change, unable to be trained or costly to the organization due to health problems and higher salaries. These ideas about older workers are simply myths that are not borne out by evidence. In fact, there is significant evidence that older workers:
From: Policy and guidelines on disability and the duty to accommodate
From: Time for action: Advancing human rights for older Ontarians
Employment is fundamental to ensuring equal participation and equal opportunity in society. It has a direct bearing on a person’s economic status while the person is in the workforce and afterwards. Therefore, any examination of age discrimination in employment must consider the effects of practices and policies on the person while they are working as well as after they have retired. It must also consider the effect on society as a whole.
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.
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.
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.
Toronto – A settlement has been reached in the longest-running human rights case in Canadian history. The case of Michael McKinnon v. the Ontario Ministry of Correctional Services concerned discrimination on the basis of Aboriginal ancestry and has become the leading Canadian case on human rights remedies in race discrimination. The original complaint by Mr. McKinnon, a correctional officer working in the Ministry, was filed in 1988 and has now been settled after 23 years.
