Announced intention to discriminate
It is illegal to display or publish certain kinds of discriminatory material. For the Code to apply, the item must be a notice, sign, symbol, emblem or other similar representation (such as a cartoon). It must show intent to discriminate or harass, or an intent to provoke others to discriminate or harass in employment, services or housing.
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Discrimination because of association
You cannot be discriminated against because of your association, relationship or dealings with another person identified by a Code ground. You have this protection whether or not you are identified by a ground in the Code.
Example:
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Constructive discrimination
Sometimes a rule or practice unintentionally singles out a group of people and results in unequal treatment. This type of unintentional discrimination is called “constructive” or “adverse effect” discrimination.
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Pregnancy
The Code protects a woman because she is or was pregnant, may become pregnant, has just had a baby or other pregnancy-related situations.[27] Pregnancy includes the process of having a baby from conception up to the period following childbirth. It also includes the post-delivery period and breastfeeding.
The term “pregnancy” takes into account all the special needs and circumstances of a pregnant woman and recognizes that the experiences of women will differ. Special needs can be related to:
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Part II – Interpretation and application
Definitions
Age
You have the right to be free from discrimination based on age if you are at least 18 years old.[19]
In services, goods, facilities, contracts and membership in unions, you can file a claim as long as you are at least 18, except for services related to liquor and tobacco for which the minimum age is 19.
Punishment for exercising rights
If you believe that your rights under the Code have been violated, you can contact the Legal Support Centre, consult a lawyer of your own choosing, file a human rights application with the Tribunal, or file a grievance under your collective agreement to protect your rights. You may not be punished or threatened with punishment for trying to exercise these rights. Any attempt or threat to punish you is called a “reprisal.”
The following examples may be a form of punishment or “reprisal” and can result in another human rights claim:
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Sexual harassment [16]
Sexual harassment in housing and workplaces
“Harassment” in this section means comments or actions based on sex, sexual orientation, gender identity or gender expression that are unwelcome to you or should be known to be unwelcome. They may include humiliating or annoying conduct. Harassment requires a “course of conduct,” which means that a pattern of behaviour or more than one incident is usually required for a claim to be made to the Tribunal. However, a single significant incident may be offensive enough to be considered sexual harassment.
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Vocational associations and unions
This section deals with your right to join and be treated equally in a union, professional or other vocational association.
This applies to membership in trade unions and self-governing professions, including the terms and conditions of membership, rates of pay and work assignments. It would include employees’, employers’ and managers’ associations.
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Employment [6]
Every person has the right to equal treatment in employment without discrimination based on Code grounds. In Ontario, about three-quarters of all human rights claims come from the workplace.
Employment is used in a very general way in the Code. Employees, independent contractors[7] and volunteers are covered.
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Contracts
Every person having legal capacity has a right to contract on equal terms without discrimination because of any Code ground.
A contract is a legal agreement. It can be a written or verbal agreement.
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Housing [4]
Every person has the right to be free from discrimination in housing because of Code-protected grounds. You have the right to equal treatment when buying, selling, renting or being evicted from an apartment, house, condominium or commercial property. This right also covers renting or being evicted from a hotel room.
Services
You have the right to be free from discrimination when you receive goods or services, or use facilities. For example, this right applies to:
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Part I – Freedom from discrimination
The Code protects people from discrimination in specific situations. Under the Code, you have the right to be free from discrimination in five parts of society – called social areas – based on one or more grounds.
The five social areas are: employment, housing, services, unions and vocational associations and contracts.
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Letter to the Toronto Police Services Board regarding the practice of carding
Thank you for receiving the Commission’s deputation on racial profiling and carding on November 18, 2013. We understand that the Toronto Police Services Board (the TPSB”) has retained Frank Addario to provide an independent legal opinion on carding, and that he has a broad mandate to look at “the entire process of interactions between police officers and members of the public”.
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Letter to the Editor – The Toronto Star: Trans myths based on intolerance
Recent references to a transgender person in a column and in letters to the editor are of concern to the Ontario Human Rights Commission, because they advance some common misinformation that has caused serious harm to the transgender community.
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Re: Land use planning and appeal system review
Thank you for this opportunity to provide our comments to the Ministry of Municipal Affairs and Housing’s Land Use Planning and Appeal System Review. Please find attached the Ontario Human Rights Commission’s written submission.
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Guide to your rights and responsibilities under the Human Rights Code
December 2013 - The Guide to your rights and responsibilities under the Human Rights Code gives a basic overview of Parts I and II of the Ontario Human Rights Code (the Code), and offers explanations about these parts of the Code. The guide uses examples to show how the Code would apply in different situations. Many of these examples come from real cases or are based on facts from human rights claims that have been filed.
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Case study 1: Darlene
As part of a government program, Darlene, a grade 12 graduate, got a job with a local garden nursery. She was to help Mr. M., the owner, tend plants and shrubs, place orders and serve customers.
Mr. M's first review of Darlene's work showed that she was performing all her job duties exceedingly well. It was obvious that Darlene liked the work.
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Fact sheet #1: The Ontario Human Rights Code
The Ontario Human Rights Code (the Code) provides protection from discrimination in five areas of our lives. It states that every person has a right to freedom from discrimination in the following areas, known as social areas:
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Celebrating International Human Rights Day
Toronto - In recognition of the U.N. International Human Rights Day, the Ontario Human Rights Commission (OHRC) today released a new and Improved edition of its popular school package entitled, Teaching Human Rights in Ontario (THRIO). This edition focuses on Ontario’s Human Rights Code, its human rights system, and most recent developments in human rights policy and case law.
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Students’ handouts
Human rights quiz
How well do you know your rights? Read the following situations and answer the questions by circling Yes, No or Maybe.
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Appendix 6 – The Code and the classroom: taking the human rights temperature of your school (for students)
Introduction
This activity is based on “Taking the Human Rights Temperature of Your School” which was adapted from the United Nations’ Universal Declaration of Human Rights.[4]
You can evaluate your school’s human rights climate using criteria derived from both the United Nations Universal Declaration of Human Rights (the Declaration) and the Ontario Human Rights Code (the Code). The questions here are adapted from both of these sources.
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Appendix 5 – Understanding discrimination in a social context – “social construction of disadvantage”
Appendix 4 – human rights in Ontario
Human rights are everybody's responsibility
In Ontario, we all have a responsibility to make sure that discrimination forbidden by the Code does not happen. Human rights legislation will only be effective when people take an active role in ensuring equality and preventing discrimination. All of us who live in Ontario must:
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Appendix 3 – Human rights legislation in Canada
The federal government and all Canadian provinces and territories have human rights laws with agencies to enforce their legislation. However, not all offer the same human rights protections. For example, not all provinces protect people because of their political beliefs or social condition.
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