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Human Rights Code SERVICES 1. Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or handicap. R.S.O. 1990, c. H.19, s. 1. CONTRACTS

(Extracts from CHRR) Discriminatory auto insurance rates allowed for bona fide reasons Zurich Insurance Co. v. Ontario (Human Rights Comm.) The majority of the Supreme Court of Canada finds that Zurich Insurance did not discriminate against Michael Bates contrary to the Ontario Human Rights Code by charging him higher premiums for automobile insurance because of his age, sex, and marital status.

A driver's licence contains personal information about an individual which could lead to the classification of a job applicant according to a prohibited ground of discrimination, contrary to subsection 23(2) of the Code. Therefore, unless a driver's licence is required to enable a person to perform the essential duties of a job, it should not be requested in an application form or during an employment interview.

For positions where driving is an essential duty of the job, a question relating to whether or not an applicant is licensed to drive, and/or the type of vehicle the applicant is licensed to drive, would be appropriate. The legitimate needs of the employer and the concerns of the applicant might be served by including the following statement on an application form or in a job advertisement: This position requires the successful candidate to have a valid driver's licence. The successful candidate would have to provide proof that s/he has a valid driver's licence upon being hired.

Section 5 (1) Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status or disability. Section 10 "Record of offences" means a conviction for,

Please visit www.ontario.ca/humanrights for more information on the human rights system in Ontario. The Human Rights System can also be accessed by telephone at: Local: 416-326-9511 Toll Free: 1-800-387-9080 TTY (Local): 416-326 0603 TTY (Toll Free) 1-800-308-5561

Section 30 of the Ontario Human Rights Code (Code) authorizes the Ontario Human Rights Commission (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.

The first language we learn is frequently the language spoken by our parents or guardians and others who take care of us as children. There is almost inevitably a link between the language we speak or the accent with which we speak a particular language on the one hand, and our ancestry, ethnic origin or place of origin on the other.[4]

Services, goods and facilities Section 1: Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.

Please visit www.ontario.ca/humanrights for more information on the human rights system in Ontario. The Human Rights System can also be accessed by telephone at: Local: 416-326-9511 Toll Free: 1-800-387-9080 TTY (Local): 416-326 0603 TTY (Toll Free) 1-800-308-5561

Section 30 of the Ontario Human Rights Code (Code) authorizes the Ontario Human Rights Commission (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.

The 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 at creating 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 Human Rights Code applies to:

Creed[1] is not a defined term in the Code. The OHRC has adopted the following definition of creed: Creed is interpreted to mean "religious creed" or "religion.” It is defined as a professed system and confession of faith, including both beliefs and observances or worship. A belief in a God or gods, or a single supreme being or deity is not a requisite.

Freedom of religion is the basic principle that informs the right to equal treatment under the Code on the ground of creed.[7] First, this implies that the law can require measures to facilitate the practice of religious observances.[8] Second, it also means that no person can force another to accept or comply with religious beliefs

1. Discrimination and harassment In Dufour v. J. Roger Deschamps Comptable Agréé, a human rights tribunal stated that: [H]arassment or discrimination against someone because of religion is a severe affront to that person's dignity, and a denial of the equal respect that is essential to a liberal democratic society.[11]

The Code provides the right to be free from discrimination, and there is a general corresponding duty to protect the right: the ”duty to accommodate.” The duty arises when a person's religious beliefs conflict with a requirement, qualification or practice. The Code imposes a duty to accommodate based on the needs of the group of which the person making the request is a member. Accommodation may modify a rule or make an exception to all or part of it for the person requesting accommodation.

The duty to accommodate is limited to those steps that may be required to accommodate short of undue hardship. The burden of proving undue hardship lies with the person responsible for providing the accommodation. Each option should be examined to decide whether undue hardship will result. In determining whether or not an accommodation measure creates undue hardship, the following factors should be considered:

Dress codes, work schedules or shift work sometimes adversely affect individuals because of religious requirements. When this happens, the obligation to accommodate the individual, based on the needs of the group, is triggered under the Code.

Discrimination or unequal treatment may be legally defensible in certain circumstances. 1. Participating in special interest organizations First, s. 18 of the Code provides that religious, philanthropic, educational, fraternal or social institutions that are primarily engaged in serving the interests of persons who are identified by their creed, may give priority to persons of the same creed with regard to participation or membership.

Religious pluralism poses a challenge in any multicultural society, especially one as diverse as ours. Although the law is developing rapidly in this area, an informed spirit of tolerance and compromise is indispensable to any civil society, as well as to its capacity to make opportunities available to everyone, on equal terms, regardless of creed.  

For more information about the OHRC or this policy statement, please visit our web site at www.ohrc.on.ca. Please visit www.ontario.ca/humanrights for more information on the human rights system in Ontario. The Human Rights System can also be accessed by telephone at: Local: 416-326-9511 Toll Free: 1-800-387-9080 TTY (Local): 416-326 0603 TTY (Toll Free) 1-800-308-5561

Section 30 of the Ontario Human Rights Code (Code) authorizes the Ontario Human Rights Commission (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.

This policy clarifies the scope of the Code's protection for persons who are or are perceived to be infected with HIV or who have contracted HIV-related illnesses. The guidelines contained in this policy are based on extensive consultations between the OHRC and a wide-ranging number of interest and advocacy groups, employer groups, services providers, and members of the medical community, including hospital administrators.

HIV/AIDS as a disability (section 10) The OHRC recognizes that AIDS and other HIV-related medical conditions are disabilities under the Code. "Disability" is defined under section (s.) 10 of the Code. All persons infected with HIV or with HIV-related illness, or who are believed to have the virus, including those who are asymptomatic, are fully protected against discrimination in services (s. 1); housing (s. 2); contracts (s. 3); employment (s. 5); and membership in trade unions (s. 6).