Membership in vocational associations and trade unions

1. Vocational associations and unions

   From: Guide to your rights and responsibilities under the Human Rights Code

   Every person has a right to equal treatment with respect to membership in any trade union, trade or occupational association or self-governing profession without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.

2. Employment

   From: Guide to your rights and responsibilities under the Human Rights Code

   Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability.

3. Ontario Human Rights Commission v. Christian Horizons

   On May 14, 2010, Ontario’s Divisional Court issued a decision on a case called Ontario Human Rights Commission v. Christian Horizons. The Divisional Court’s ruling was on the appeal of a 2008 decision made by the Human Rights Tribunal of Ontario. In that decision, the Tribunal found that Christian Horizons infringed the rights of an employee who was in a same sex relationship.

4. 5. Undue hardship

   From: Policy and guidelines on disability and the duty to accommodate

   The Code sets out only three considerations. This means that no other considerations, other than those that can be brought into those three standards, can be properly considered under Ontario law. There have been cases that have included such other factors as employee morale or conflict with a collective agreement. However, the Ontario legislature has seen fit to enact a higher standard by specifically limiting undue hardship to three particular components.

5. The duty to accommodate

   From: Policy on creed and the accommodation of religious observances

   The Code provides the right to be free from discrimination, and there is a general corresponding duty to protect the right: the ”duty to accommodate.” The duty arises when a person's religious beliefs conflict with a requirement, qualification or practice. The Code imposes a duty to accommodate based on the needs of the group of which the person making the request is a member. Accommodation may modify a rule or make an exception to all or part of it for the person requesting accommodation.

6. 10. Membership in Vocational Associations

   From: Policy on discrimination and harassment because of gender identity

   Section 6 of the Code provides that every person has a right to equal treatment with respect to membership in any trade union, trade or occupational association or self-governing profession without discrimination because of sex which includes gender identity.

7. VI. Employment

   From: Policy on discrimination because of pregnancy and breastfeeding

   Protection against discrimination in employment extends to all aspects of the employment relationship, from the recruitment and selection process, through all the various aspects of the working relationship, to the termination of the employment.

8. Racism and racial discrimination: Organizational responsibility

   2005 - Employers, unions, educational facilities, service providers and other organizations covered by the Ontario Human Rights Code (the “Code”) are responsible for ensuring that their environments are free from racial discrimination and harassment. This means not just responding when issues of discrimination or harassment arise, but also taking proactive measures to monitor for and prevent their occurrence.

9. Special programs and the Ontario Human Rights Code - A self-help guide

   All organizations are required to prohibit unfair treatment based on Code grounds and must remove barriers that cause discrimination and stop it when it occurs. Organizations can also choose to develop “special programs” to help disadvantaged groups improve their situation. This guide describes the use of special programs, clarifies when they are allowed, and identifies how they could be designed. The OHRC encourages the development and use of special programs as effective ways to meet particular needs, help reduce discrimination, and correct historical disadvantage.

10. Count me in! Collecting human rights-based data

    2010 - This guide is intended to be a practical resource for human resources professionals, human rights and equity advisors, managers and supervisors, unions, and any other people or groups considering a data collection project, or seeking support to do so. This guide may be particularly helpful to readers with little or no knowledge of data collection. The guide will discuss the benefits of data collection, and will highlight key concepts and practical considerations for organizations thinking of gathering data on Code and non-Code grounds. Appendices A to F offer concrete examples of how non-profit, private and public-sector organizations have successfully developed and implemented data collection projects.

Pages