7. Pay, benefits, dress codes and other issues
a) Human rights training and education for employees
As is noted in Section IV-1a(v) – “Educate and train employees on policies and procedures,” it is expected that all employees will receive human rights training so that they can know and understand their obligations in the workplace. It is very important that this be done for employees providing services to the public and senior staff responsible for hiring, managing performance, accommodations, discipline and handling human rights concerns. Failing to train these key staff may lead to human rights claims.
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6. Requesting job-related sensitive information
The following types of information should only be requested if they are bona fide requirements because of the nature of the job. Due to the sensitive nature of this information, only request it after making an offer (preferably in writing) of employment:
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5. Interviewing and making hiring decisions
This section describes the human rights issues that commonly arise in interviews, some of the types of questions that may or may not be asked, and how to make hiring decisions that do not contravene the Code. Supervisors, managers and human resources staff who are responsible for making hiring decisions must be trained and educated to identify and eliminate discrimination, harassment and barriers to advancement for persons protected by the Code.
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4. Designing application forms
a) General principles
This section outlines key considerations for application forms and parts of application forms that raise concerns about Code violations. Employers can use this information to make sure that the application forms they use are non-discriminatory and relate only to qualifications and requirements relevant to the job and the hiring decision. When application forms include inappropriate questions relating to Code grounds, an inference can be made that such questions may have influenced a decision not to hire.
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3. Advertising
Under section 23(1) of the Code, the right to equal treatment in employment is infringed when a job posting or advertisement directly or indirectly classifies or indicates qualifications by a prohibited ground of discrimination.
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2. Setting job requirements
a) Make sure that job requirements are reasonable and made in good faith
All jobs include performing certain tasks that may be considered requirements. A requirement, qualification or factor that is neutral and non-discriminatory on its face, may nonetheless exclude, restrict or prefer some persons because of a ground set out in the Code. This is often called "adverse effect” or "constructive" discrimination and is prohibited under section 11 of the Code. See also Section III-2g) – “Workplace rules that are not bona fide”.
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5. Who is protected at work?
a) Broad protection for “employees”
“Every person” has a right to equal treatment in employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, disability, age, marital status, family status and record of offences.
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4. Legal responsibility for human rights at work
a) Employers
Employers have the primary obligation to make sure their workplace is free from discrimination and harassment. Employers are expected to proactively provide a workplace where human rights are respected and employees afforded equal opportunities. This includes working with unions to negotiate collective agreements that are consistent with the Code.
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3. Grounds of discrimination: definitions and scope of protection
This section describes specific parts of each of the grounds of the Code, and highlights points that are distinctive or particular to each of the grounds.
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2. What is "discrimination"?
a) Defining discrimination
Discrimination is not defined in the Code but usually includes the following elements:
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3. How the Code is set up
The Code is divided into an introductory section followed by five parts. Part I sets out basic rights. Part II explains how to interpret and apply the Code. Part III explains the role and structure of the Commission, and Part IV explains how the Code is enforced, including remedies. Finally, Part V deals with general matters including the supremacy of the Code.
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2. The Code prevails over other laws
a) Other laws may apply along with the Code
In employment, several laws may apply at the same time as the Code, with overlapping or parallel responsibilities. Knowing which laws apply and why they apply will help you know how best to handle situations that may arise in your workplace. Appendix B summarizes the most common areas of overlap between human rights legislation and other laws.
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OHRC letter to The Town of Northeastern Manitoulin and the Islands regarding a methadone clinic and potential amendments to zoning bylaws
Your Worship, We understand that the Town of Northeastern Manitoulin and the Islands, by letter dated December 19th, 2012 directed Robinson IDA Pharmacy Ltd to cease dispensing methadone at the 19 Water Street Clinic in Little Current by January 31, 2013, and subsequently provided a two week extension to Feb 15, 2013.
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Re: Racist anti-aboriginal slurs
Letters to the Editor, The Thompson Citizen - Congratulations for making the very tough decision to close your newspaper’s Facebook page. Media across the country are grappling with the shocking increase in online hatred directed at Aboriginal Peoples.
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6. Asian Canadian Angler Inquiry Commitments
Organization
Commitments Proposed
Agreements Reached
Response/Anti-Racism Initiatives Pursued*
1
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5. Conclusion
To combat discriminatory attitudes and behaviours, it is critical for Ontario’s institutions to show strong leadership and take action. Overall, the Commission is pleased that many organizations, municipalities and government ministries responded positively to this challenge and are planning steps to address racism and hate activity in their future initiatives. These actions are a step in the right direction.
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4. Collective Reponses to Racism
The Commission recognizes that no one community or institution is wholly responsible for addressing the assaults reported by Asian Canadians. As a widespread issue that occurred outside of the social areas protected by the Human Rights Code, no human rights claim could be filed in these cases. Instead, responsibility is shared among institutions and individuals that have a collective obligation to protect the public interest.
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3. Racism and Racial Profiling
When the Commission and the Metro Toronto Chinese and Southeast Asian Legal Clinic set up the hotline to inquire into alleged assaults against Asian Canadian anglers, the Commission heard of many accounts of racial harassment, ranging from verbal assaults, to destruction of fishing equipment, to stone-throwing. In some of the cases under police investigation, people were subjected to physical violence.
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2. Naming Racism
In 2003, the Commission released its Racial Profiling Inquiry report, Paying the Price: The Human Cost of Racial Profiling, which examined the impact of racial profiling on people from racialized communities. Among the recommendations made in Paying the Price was that,
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Part 5. Compliance and Enforcement
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Part 3. Understanding the Duty to Accommodate
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Part 2. The Code
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ASL
Part 1. Introduction
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ASL
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Working Together: The Code and the AODA
Rights and responsibilities under the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act (AODA). Intro to the Code and AODA standards and how they work together.
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