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constructive (adverse effect)

Sometimes a rule or practice unintentionally singles out particular people and results in unequal treatment. This type of unintentional discrimination is called “constructive” or “adverse effect” discrimination.

For example, an employer has a rule that male employees must be clean- shaven. Using this rule, the employer refuses to hire a Sikh man who, according to his religion, is not allowed to shave. The rule is not “intended” to exclude Sikh men from a job, but it has this effect. Unless an employer can show that a change or exception to the rule would be too costly or create a health and safety danger, the employer should agree to change the rule.

Correction: Toronto Police Service body–worn camera pilot project

May 27, 2015

Toronto - Several news outlets have recently quoted a Toronto Police Service (TPS) news release regarding body-worn cameras: http://torontopolice.on.ca/newsreleases/31840

That release says, in part:

The Service has partnered with the Information & Privacy Commissioner, the Ontario Human Rights Commission, the Ministry of the Attorney General and the Toronto Police Association to develop a procedure that addresses issues of privacy, retention, and disclosure. 

This statement is not accurate.

Letter to Chief Paul Cook, Ontario Association of Chiefs of Police (OACP) President

August 1, 2014

Chief Paul Cook
President, Ontario Association of Chiefs of Police

Dear Chief Cook,

On behalf of the Ontario Human Rights Commission (OHRC), I would like to congratulate the Ontario Association of Chiefs of Police (OACP) for its updated version of the LEARN Guideline for Police Record Checks with a clearer presumption against disclosure of non-conviction records.

Letter to Frank Fabiano, Chief Administrative Officer of the City of Thorold re: Black Hawk warrior image

July 16, 2014

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.

11. Housing

From: Minds that matter: Report on the consultation on human rights, mental health and addictions

The lack of affordable and suitable housing across Ontario was raised by individuals with mental health and addiction disabilities, and organizations. Statistics Canada’s 2006 Participation Activity Limitation Survey (PALS) shows that in Ontario, people with “emotional” disabilities are more likely to be in core housing need than the non-disabled population and people with other types of disabilities.

3. Prima facie discrimination because of disability

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

Once a disability within the meaning of section 10 of the Code is established, the individual has the burden of showing a prima facie case of discrimination.

Discrimination under the Code can be direct (refusal to grant a job or provide access to services or housing, for example, because of a disability), indirect, constructive (adverse effect) or based on society’s failure to accommodate actual differences.

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