Archive

Overview on preventing sexual harassment at work, with Q&A.

October 31, 2014 - Dear Ms Leilani Farha, The Ontario Human Rights Commission (OHRC) welcomes the opportunity to make a submission in response to your survey regarding the responsibilities of sub-national governments with respect to the right to adequate housing.

Under Canada’s federal system of government, legal jurisdiction over human rights, including housing, divides between different levels of government – federal, ten provincial and three territorial governments. Municipal governments are a creation of provincial/territorial legislation. All three levels of government have responsibility to implement human rights norms and standards, including the right to housing.

Please find attached the Ontario Human Rights Commission’s (OHRC) letter to Hon. Kathleen Wynne regarding sexual and gender-based harassment in employment.

Toronto – The Ontario Human Rights Commission (OHRC) released an updated version of its Policy on preventing discrimination because of pregnancy and breastfeeding in an eLaunch today. An hour-long webinar – available at www.ohrc.on.ca – provides an overview of the policy, offers a Q&A opportunity, and features several speakers.

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 comply with the Code.

12.1. Organizational reviews, policies and education Corporate liability involves more than individual instances of discrimination and harassment. Organizations also risk violating the Code if they do not address underlying problems such as systemic barriers, a poisoned environment or an organizational culture that condones discrimination. There are several steps organizations can take to make sure they are following the Code and human rights principles related to pregnancy and breastfeeding. Strategies include developing and implementing:

Organizations have a legal duty and ultimate responsibility to maintain an environment free from discrimination and harassment because of sex. They must take steps to prevent and respond to violations of the Code or they may be held liable and face monetary penalties or other orders from a tribunal or court. It is unacceptable to choose to remain unaware, ignore or fail to address potential or actual human rights violations, whether or not a complaint is made.[164]

People who believe they have experienced discrimination based on pregnancy or breastfeeding should try to raise the matter or make a complaint with their employer, union or other vocational association, landlord or service provider.

Section 1 of the Code prohibits discrimination in “services, goods and facilities” based on pregnancy and breastfeeding. This includes educational institutions, hospitals and health services, insurance providers, public places like malls and parks, public transit, and stores and restaurants. This means that women who are pregnant, or who bring their babies to a restaurant or a theatre, cannot be denied service or access unless there is a bona fide reason for doing so.

Section 2 of the Code protects a woman against discrimination if she is, was or may become pregnant. This right applies to renting, being evicted, building rules and regulations, repairs, harassment, and use of services and facilities. The Code also protects against such discrimination in other housing situations, including buying property, negotiating mortgages,[151] and condominium living arrangements (for example, discriminatory restrictions on the use of shared spaces).

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. Employment includes full-time work, part-time work, volunteer work, student internships, special employment programs, probationary employment,[95] and temporary or contract work.

Women should not have to choose between their own health, or the health of their baby, and their jobs, housing or being able to take part in a service. For example, a human rights tribunal noted the importance of accommodating breastfeeding women at work:

There may be circumstances where a decision, policy, practice or process results in discrimination based on pregnancy, but is nonetheless justified because it is reasonable and bona fide (legitimate) in the circumstances. The Supreme Court of Canada has set out a framework for examining whether a bona fide requirement has been shown.[67] If prima facie discrimination is found to exist, the organization must establish on a balance of probabilities that the standard, factor, requirement or rule:

The Code provides that every person has the right to be treated equally without discrimination because of pregnancy in the social areas of employment; housing accommodation; services, goods and facilities; contracts; and membership in unions, trade and professional associations. The purpose of human rights laws is to prevent the violation of human dignity by removing barriers and making sure that every person has equal opportunity to live his or her own life without being hindered by discrimination.

3.1. Pregnancy and intersecting Code grounds

The Ontario Human Rights Code states that it is public policy in Ontario to recognize the inherent dignity and worth of every person and to provide for equal rights and opportunities without discrimination. The Code aims to create a climate of understanding and mutual respect for the dignity and worth of each person, so that each person feels a part of the community and feels able to contribute to the community.

The Supreme Court of Canada has recognized that pregnancy cannot be separated from sex. It stated, “Discrimination on the basis of pregnancy is a form of sex discrimination because of the basic biological fact that only women have the capacity to become pregnant.”[8] Section 10(2) of the Code states that, “The right to equal treatment without discrimination because of sex includes the right to equal treatment without discrimination because a woman is or may become pregnant.”

September 2014 - The Divisional Court has allowed an application for judicial review, heard on September 16, brought by the applicants and the Ontario Human Rights Commission (OHRC), of a decision of the Human Rights Tribunal of Ontario (HRTO) denying special diet benefits to Joanne MacConnell.

Policy on preventing discrimination because of pregnancy and breastfeeding overview and Q&A.

October 2014 - This policy sets out the OHRC’s position on discrimination based on pregnancy and breastfeeding at the time of publication. It deals primarily with issues that fall within the jurisdiction of the Ontario Code, and which can form the subject matter of a human rights claim. At the same time, the policy interprets the protections of the Code in a broad and purposive way, consistent with the principle that the quasi-constitutional status of the Code requires that it be given a liberal interpretation that best ensures its anti-discriminatory goals are met.

For immediate release Toronto - The Ontario Human Rights Commission (OHRC) today released its 2013-2014 Annual Report. Commenting on her final report before stepping down as OHRC Chief Commissioner this November, Barbara Hall said, “Our annual report provides a snapshot of the Commission’s efforts over the last 12 months to create real change and advance human rights in Ontario, with the help of partners across the province.”

Reaching out – adding the personal touch Many human rights advances start with the personal touch – with a conversation. In 2013-14, we met with and spoke with groups across Ontario. Whether it was a speech, talking on a panel, presenting a training seminar or hosting an event, we worked hard to send the message that the OHRC is a partner and resource for all Ontarians.  Chief Commissioner Barbara Hall met with groups or made presentations at over 45 events. Highlights included:

Calling on employers, regulatory bodies to remove the “Canadian experience” barrier

Clarifying the Code Section 45.1 of the Code provides that the Human Rights Tribunal of Ontario (HRTO) may dismiss an application, in whole or in part, if it is “of the opinion that another proceeding has appropriately dealt with the substance of the application.” The challenge lies in deciding exactly when this applies. To help clarify the law, the OHRC intervened in two precedent-setting cases at the HRTO.