Welcome to Human Rights 101*

This module provides a basic understanding of rights and responsibilities under the Ontario Human Rights Code. It's for information only.

For human rights concerns, the Human Rights Legal Support Centre, a community legal clinic or a lawyer may be able to help you with your application and/or provide legal advice.

Partnerships and community input are key in helping inform and educate the public about human rights. The contents and structure of Human Rights 101 are guided by input from many organizations and individuals who responded to the Commission's eLearning assessment over the summer of 2009.

Human Rights 101 discusses:

• What you should know about human rights and discrimination.
• Your rights and responsibilities under the Ontario Human Rights Code.
• How to apply the Ontario Human Rights Code.

In Human Rights 101, I'll introduce you to the principles and concepts of human rights and how to recognize different types discrimination. You'll have an overview of the Ontario Human Rights Code with some examples of how it can be applied, and I'll introduce you to Ontario's Human Rights System.

• About Human Rights - principles and concepts
• the Ontario Human Rights Code and how it is applied
• Ontario's Human Rights System

We need to know about the Code because we all have rights and responsibilities to make sure that everyone is treated equally and without discrimination.

Human Rights are for Everyone. Human Rights issues touch our lives everyday.

• We want a healthy workplace.
• Our friends and family come from around the world, they may be getting older, or have a disability.
• Our children's friends may have same-sex parents or one parent.

Human Rights issues touch our lives everyday.

• We want a healthy workplace.
• Our friends and family come from around the world, they may be getting older, or have a disability.
• Our children's friends may have same-sex parents or one parent.

Using HR101:

1. Set Site Preferences

• The default format is Flash: Flash is supported by over 98% of Web browsers but large files may be slow to load on some systems. Flash is currently unavailable for iPhones and possibly other mobile browsers.

When in Flash mode, the top 5 buttons (the "sliders") link to the largest versions of the files, which are suitable for high-bandwidth, high-speed connections. Use the left Table of Contents menu for the same Flash experience but accessing smaller files.

• HTML is the version you are reading now. Requires JavaScript. Requires and HTML 5 browser or Flash plugin for audio. Suitable for dialup and most other connections.
• Text Only is for mobile browsers and people who must use assistive technologies.
• High Contrast is for anyone who finds it easier to read white text on a black background.

2. Use Left Side Menu to navigate between major sections.

• Click a plus sign (plus sign image (+)) to open a main section (A, B, C, etc.) It will reveal all the items in the section. The Start of the section is marked with a star (Star icon (*))

3. Use Start | Previous | Next to navigate within sections.

Unit A - About Human Rights has 2 sections:

• Foundations of the Code (Where the Code Came From) and
• What is Discrimination?

"Foundations of the Code" looks at the international, national and provincial laws and statutes that helped to shape the Ontario Human Rights Code.

International law says we all have human rights. The beginning of the Code, the Preamble, talks about the Universal Declaration of Human Rights, which was created by the United Nations in 1948.

The Ontario Human Rights Code looks to the Canadian Charter of Rights and Freedoms, which guarantees the people of Canada important political and civil rights.

After World War II, Ontario politicians and citizens asked for legislation to protect human rights, and it was one of the first provinces to introduce:

• The Racial Discrimination Act (1944)
• The Fair Employment Practices Act (1951)
• The Fair Accommodation Practices Act (1954)

In 1962, these Acts were brought together under the Ontario Human Rights Code.

Discrimination is treating somebody differently because of their race, disability, sex or other personal characteristics. Discrimination has many different forms.

• Discrimination can target one person... one person
• or a group; group
• it can be hard to see or be part of a system.
• it can also be a reprisal, a poisoned environment, harassment or racial profiling.

People can discriminate directly against one person or group of people. An example is when someone is told she can't have a job because she has a disability.

"Direct discrimination"

"means discriminating against someone because you think they are different from you. It includes practices or behaviours that have a negative effect on a person or a group of people who belong to a ground listed under the Code. It doesn't matter that you didn't intend to treat them differently. What matters is whether your actions or what you said results in discrimination."

Indirect/constructive discrimination usually means rules or policies that may seem fair but actually cause people to be treated differently.

"Indirect discrimination"

"(also called Constructive) happens when certain demands or rules seem to be fair, but actually keep out some people under grounds listed in the Code or gives some people special treatment over others."

Systemic discrimination happens when an organization's rules or culture causes people to be treated differently.

"Systemic discrimination"

"Discrimination may be part of a system like how decisions are made, and the practices and policies or the culture of the organization. For example, the head of the company likes golf and only wants to promote managers who play golf. Think about who gets invited to the golf game."

Reprisal means punishing someone because they have a human rights complaint, or because they say they have witnessed discrimination.

"Reprisal"

"means taking action or threatening to take action against someone who has a human rights complaint or who is a witness to the discrimination, and it is not allowed under the Code. You cannot be punished or threatened with punishment for trying to make a complaint, filing a human rights application, filing a human rights grievance, or acting as a witness at a human rights hearing."

A poisoned environment can happen when comments or actions make you feel unwelcome or uncomfortable where you work or live.

"A poisoned environment"

"is created when comments or actions based on grounds listed in the Code make you feel unwelcome or uncomfortable at work they poison the workplace. Sometimes all it takes is one comment to poison the environment."

Harassment is when people make comments or actions that are unwelcome, even though they should know that what they say or do is not welcome.

"Harassment"

What was said or the behaviour usually happened more than once; The person responsible for the comment or conduct should have known that it is not welcome. Sometimes it's hard to tell someone to stop, so if you don't or can't, the Code doesn't require that you do so."

"vexatious"

"distressing... full of disorder or stress"

Racial profiling is making assumptions about an individual because they belong to a specific group.

"Racial profiling"

"happens when you take action because you're worried about safety, for security reasons or for the public's protection, and your decision is based on stereotypes about a person's race, colour, ethnicity, ancestry, religion or place of origin."

Let's do a quick review of this section:

I learned...

• The Ontario Human Rights Code came from international, national and provincial laws and statutes developed after World War II. Remind me
• The Racial Discrimination Act (1944)
• The Fair Employment Practices Act (1951)
• The Fair Accommodation Practices Act (1954)

In 1962, these Acts were brought together under the Ontario Human Rights Code.

• Human rights are for everyone. We have the Code to make sure that everyone is treated equally and without discrimination.
• Discrimination can take many forms. It can be against one person or a group of people. It can be hardly noticeable or it can be part of a system.
• Discrimination can be direct, indirect, systemic or can look like reprisal, a poisoned environment, harassment or racial profiling.

Unit B is on the Ontario Human Rights Code.

It covers the different parts of the Code. We'll discuss the preamble and parts 1 and 2 of the Code. I'll also tell you about the social areas and protected grounds, and you'll see how the Code can be applied.The Code icon

Before we look at the Code, I want to explain some key concepts that you should know. These will help you have a better understanding of how the Code works to protect human rights.

There are 4 key concepts to know

• Primacy
• Remedial
• Effect vs. Intent
• Provincial scope

The Code Comes First

Number 1 - the Code has primacy. This means it is more important than most other laws. If there is a conflict between the Code and other provincial laws, you must follow the Code first, unless there is a specific exception.

"primacy"

preeminence"

The Code is not meant to punish

Number 2 - the Code is remedial, it is meant to make bad situations better. The Code is not meant to punish. Instead, it tries to remove discrimination and prevent it by:

• Educating the public
• Creating awareness
DEFINITION={"remedial":

"Pronunciation: \ri-'me-de-?l\

1 : intended as a fix (a 'cure' or 'remedy')

2 : a legal way to right a wrong, which tries to prevent it from happening again"}

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

Number 3 - under the Code it doesn't matter if you didn't intend or mean to discriminate. The Code looks at what actually happened, not the intention.

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

Number 4 - the Code applies to work, housing and services that are covered by provincial laws. (The Canadian Human Rights Act applies to workplaces or services that are covered by federal laws, such as banks, Canada Post, the airlines and the federal government.)

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

Let's have a quick review of the 4 points I just covered:

• The Code has power over most other laws; this is called "primacy"
• The Code is remedial — it tries to make a bad situation better, not punish people.
• The Code looks at what actually happened, not whether someone intended or "meant" to discriminate (effect not intent).
• The Code covers areas that come under provincial law.
http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

Now let's move on to the Code and Basic Rights and Responsibilities.

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

At the beginning of the Code is the Preamble. The Preamble says that everyone in Ontario must be able to live, work and play with dignity, to contribute to society and have equal access to opportunities, without discrimination.

• Dignity and worth of each person
• Climate of respect and mutual understanding
• Equal rights and opportunities
• Fully participate in society

The United Nations created the Universal Declaration of Human Rights 1948. It talks about human rights values around the world. Some of the wording from this important document appears in the Preamble of Ontario's Code.

EXTERNALLINK={"Universal Declaration of Human Rights":"http://www.un.org/en/documents/udhr"}

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

PART 1 of the Code ensures that Ontarians enjoy freedom from discrimination in 5 areas, called 'social areas':

• Services, goods and facilities
• Housing accommodation
• Contracts
• Employment
• Vocational Associations

Services may include:

• Stores, restaurants and bars;
• Hospitals and health services;
• Schools, universities and colleges;
• Public places and their facilities, such as community centres, public washrooms, libraries, malls and parks;
• Municipal and provincial government services and programs such as social assistance and benefits, and public transit.
• Services provided by insurance companies;
• Classified ads in a newspaper.

You have a right to be free from discrimination when you receive goods or services, or use facilities.

back to top

Accommodation may include:

• buying
• selling
• renting
• Evictions

You have the right to equal treatment when buying, selling, renting or being evicted from an apartment, house, condominium, commercial office or a hotel. This includes being able to enter the building such as the doors, using he swimming pools or the laundry room. A landlord cannot refuse to rent to a tenant who is on public assistance, family benefits or a disability pension.

back to top

Contract:

A contract is a legal agreement. It can be in writing or verbal. Everyone has a right to enter a contract on equal terms.

back to top

Employment

'Employment' is interpreted broadly and covers everything from hiring to firing. It can include training, promotions and dismissal, overtime, holidays, sick benefits, discipline and performance evaluations. The Code can apply to employees and after hours work and when employees are not at their workplace.

back to top

Vocational Associations

Everyone has a right to join and to be treated equally in a union, professional association or other vocational association.

back to top

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

PART 1 of the Code lists the grounds of discrimination — you cannot discriminate against another person or group of people because of their:

• citizenship
• race
• place of origin
• ethnic origin
• colour
• ancestry
• disability
• age
• creed
• sex / pregnancy
• sexual orientation
• family status
• marital status
• receipt of public assistance
• record of offence

Race-related grounds include: ethnic origin, colour and place of origin. In some instances, it may also include citizenship and ancestry.

Disability includes temporary and permanent disabilities, being in receipt of Workers Safety and Insurance Benefts in the past or at present present, learning disabilities, visible, invisible and perceived disabilities.

Age: for housing, you have to be 18 unless you are no longer under parental control.

Creed includes religions and beliefs.

Sex includes pregnancy and gender, that is, persons who are bisexual, transgenderists, trans-sexual or inter-sexed.

Sexual orientation includes persons who are gay, lesbian, bisexual or heterosexual.

Family status is the status of being in a parent child relationship.

Marital status includes being single, married, widowed, co-habitation and same-sex marriages.

Receipt of social assistance applies only to housing accommodation and includes for example, being in receipt of government-funded subsidies and supportive housing.

Record of offences includes provincial offences such as under the Highway Traffic Act, and federal offences for which a pardon has been granted.

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

Discrimination also includes:

• Intersecting grounds - treating people differently on more than one ground;
• Because of association - treating people differently because a friend or family member identifies with a ground;
• Perceived grounds - treating people differently because of a belief that they identify with a Code ground, when in fact, they do not.
http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

REVIEW

Let's review Basic Rights and Responsibilities found in the preamble and Part 1 of the Code.

The Preamble is strongly influenced by the United Nations Declaration of Human Rights, 1948, and contains much of the same wording. It says every person should be treated with respect, allowed to contribute to society and be given equal rights and opportunities, without discrimination.

Part 1 of the Code covers freedom from discrimination and sets out the social areas and the prohibited grounds of discrimination.

Part 1 also includes other forms of discrimination such as intersecting grounds, discrimination because of association and perceived discrimination.

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

Part II of the Code explains how the Code is interpreted and applied. In Human Rights 101, we will look at the following:

• Harassment (s.10)
• Duty to Accommodate (s.17)
• Special Programs (s.14)
• Special Interest Organizations (s.18)
• Special Employment (s.24)

The remarks in parentheses refer to sections of the

EXTERNALLINK={"Ontario Human Rights Code R.S.O. 1990, Chapter H.19,":"http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h19_e.htm"}

which is available on the Internet in its entirety from e-Laws.

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT
• Can be based on any prohibited ground and any of the social areas
• Can be words or actions
• Usually happens more than one time
• Is or should be known to be unwelcome

Remember, the Code looks at the effect or consequence of the words or behaviour not whether or not there was an intention to harass or discriminate.

What should I remember about harassment?|I should remember...

• The unwelcome comment or conduct usually happens more than once.
• Remember, it's not the intention that matters, it's the effect or impact.
• Employers and service providers are responsible for preventing and stopping harassment. And if they do nothing, harassment can be costly.
• Everyone should know what steps to take to stop and prevent harassment.
DEFINITION={"vexatious":

"Pronunciation: \-sh?s\

1 : distressing...

2 : full of disorder or stress"}

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

Accommodation means making special arrangements for some people, so they can have the same opportunities as everyone else. For example, flexible working hours or a ramp into a building can make a big difference.

Principles of Accommodation:

• Respect for dignity
• Individualization
• Integration and participation
• barrier-free design

Undue hardship is the standard that the person or company providing accommodation is expected to meet. It considers:

• costs
• outside sources of funding
• health and safety requirements.

Under the Code, the expectation is the duty to accommodate and the standard is short of undue hardship.

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

The following types of organizations are permitted under the Code to limit their services or facilities on specific grounds:

• Philanthropic or charitable groups;
• Educational organizations such as religious colleges;
• Fraternal organizations such as mutual aid societies;
• Social institutions such as the Japanese or Estonian community centres.
http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

The Code allows special job programs for some organizations. These groups may hire people who share the same culture, religion or background as the people they serve. They include:

• Religious schools or colleges
• Community benefit groups, such as mutual aid societies
• Social or cultural clubs that serve a specific ethnic group
http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

How do you know if you have a valid human rights complaint?

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

Ask these questions:

• Did the problem happen in one of the five "social areas:" Services, goods and facilities, Housing, Contracts, Employment or Vocational Associations such as unions?
• Is one of the 15 grounds (such as race, disability, age or sex) also involved?
• Is there a link between the social area and ground(s)?
• Were you treated differently from other people?
• Is your complaint believable?

Answering 'yes' to each question, even without an answer from the person or company you are complaining against, may be enough to have the Human Rights Tribunal look at the complaint. You can make a complaint — called filing an application — directly to the Ontario Human Rights Tribunal. You may want to contact the Human Rights Legal Support Centre for legal advice before making your complaint.

ALERT={"ALERT":"Important! If you file a human rights application, the person or organization you have complained about will be asked to explain what has happened."}

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

"Differential Treatment" means treating people differently. The Human Rights Code allows this only under the very special situations already discussed.

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

If you claim you have been harassed or discriminated against, then your story must be believable.

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

REVIEW

Let's review Applying the Code and Discrimination Under the Code, found in Part 2 of the Human Rights Code.

To be a valid complaint there must be discrimination or harassment within one of the 5 social areas, with a link to one or more of the 15 prohibited grounds. There must be differential treatment based on at least one of these grounds, but there are specific exceptions for certain types of organizations and employment. Employers and service providers have a "duty to accommodate" the special needs of all their employees and clients, but they are not required to go through "undue hardship" to do so.

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

Unit C is on Ontario's Human Rights System

When the Ontario Human Rights Code was introduced in 1962 the Ontario Human Rights Commission was responsible for enforcing the Code. Since then, the Code has expanded and changed.

Ontario's Human Rights system now includes 3 separate organizations . Each organization has a different job.

The three organizations are: the Ontario Human Rights Commission, the Human Rights Legal Support Centre and the Human Rights Tribunal of Ontario.

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

The Three Pillars

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

The Ontario Human Rights Commission

The Ontario Human Rights Commission develops policies, provides public education, monitoring and community outreach, and conducts inquiries.

Policies are important because they help to understand the Code. If you take a complaint to the Human Rights Tribunal of Ontario you can ask that the Commission's policies be considered.

EXTERNALLINK={"The Ontario Human Rights Commission":"http://www.ohrc.on.ca/"}

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

The Human Rights Legal Support Centre

The Human Rights Legal Support Centre can help you file an application and may represent you at the Tribunal.

EXTERNALLINK={"The Human Rights Legal Support Centre":"http://www.hrlsc.on.ca/"}

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

The Human Rights Tribunal of Ontario

The Human Rights Tribunal of Ontario is where complaints (also called "applications" are filed. An adjudicator looks at your human rights concerns, considers the evidence and makes a decision.

EXTERNALLINK={"The Human Rights Tribunal of Ontario":"http://www.hrto.ca/"}

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

ELearning modules for OHRC Policies and Guidelines

• Rental Housing

Purpose of OHRC’s policies

Excerpted from OHRC Main Web site. The current version is here.

Section 30 of the Code authorizes the OHRC to prepare, approve and publish human rights policies to provide guidance on interpreting provisions of the Code. The OHRC’s policies and guidelines set standards for how individuals, employers, service providers and policy-makers should act to ensure compliance with the Code. They are important because they represent the OHRC’s interpretation of the Code at the time of publication. Also, they advance a progressive understanding of the rights set out in the Code. SHOWHIDE=[::::]

Section 45.5 of the Code states that the Human Rights Tribunal of Ontario (the Tribunal) may consider policies approved by the OHRC in a human rights proceeding before the Tribunal. Where a party or an intervenor in a proceeding requests it, the Tribunal shall consider an OHRC policy. Where an OHRC policy is relevant to the subject-matter of a human rights application, parties and intervenors are encouraged to bring the policy to the Tribunal’s attention for consideration.

Section 45.6 of the Code states that if a final decision or order of the Tribunal is not consistent with an OHRC policy, in a case where the OHRC was either a party or an intervenor, the OHRC may apply to the Tribunal to have the Tribunal state a case to the Divisional Court to address this inconsistency.

OHRC policies are subject to decisions of the Superior Courts interpreting the Code. OHRC policies have been given great deference by the courts and Tribunal , applied to the facts of the case before the court or Tribunal, and quoted in the decisions of these bodies. EXTERNALLINK={"read more":"http://www.ohrc.on.ca/en/resources/Policies/whatare"} [::::]

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

How much do you know about Human Rights in Ontario?

• HR-101 Pre-quiz
• Section A About Human Rights
• Section B The Code
http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

Test Yourself : Reviews and quizzes - check what you've learned in Human Rights 101

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

Pre-Quiz - How much do you know about the Human Rights Code?

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

Quiz: Section A - About Human Rights

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

Quiz: Section B - The Code

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT

Quiz: Policy on human rights and rental housing

http://www.ohrc.on.ca/hr101/xml/ 12, Dec 2011 12:44:16 GMT