constructive (adverse effect)

Sometimes a rule or practice unintentionally singles out particular people and results in unequal treatment. This type of unintentional discrimination is called “constructive” or “adverse effect” discrimination.

For example, an employer has a rule that male employees must be clean- shaven. Using this rule, the employer refuses to hire a Sikh man who, according to his religion, is not allowed to shave. The rule is not “intended” to exclude Sikh men from a job, but it has this effect. Unless an employer can show that a change or exception to the rule would be too costly or create a health and safety danger, the employer should agree to change the rule.

Letter to Kenora Mayor and City Council about the anti-loitering by-law being considered

The Ontario Human Rights Commission (OHRC) is writing to express its concern about the anti-loitering by-law that is currently being considered by Kenora City Council. The OHRC urges Kenora City Council to reject this by-law, which will likely have a disproportionate impact on vulnerable and homeless people in Kenora, the large majority of whom are Indigenous peoples. Moreover, the by-law will not solve the homelessness crisis or other social issues facing Kenora.

Correction: Toronto Police Service body–worn camera pilot project

Toronto - Several news outlets have recently quoted a Toronto Police Service (TPS) news release regarding body-worn cameras: http://torontopolice.on.ca/newsreleases/31840

That release says, in part:

The Service has partnered with the Information & Privacy Commissioner, the Ontario Human Rights Commission, the Ministry of the Attorney General and the Toronto Police Association to develop a procedure that addresses issues of privacy, retention, and disclosure.

This statement is not accurate.

Letter to Chief Paul Cook, Ontario Association of Chiefs of Police (OACP) President

Chief Paul Cook
President, Ontario Association of Chiefs of Police

Dear Chief Cook,

On behalf of the Ontario Human Rights Commission (OHRC), I would like to congratulate the Ontario Association of Chiefs of Police (OACP) for its updated version of the LEARN Guideline for Police Record Checks with a clearer presumption against disclosure of non-conviction records.

Letter to Frank Fabiano, Chief Administrative Officer of the City of Thorold re: Black Hawk warrior image

Frank Fabiano
Chief Administrative Officer, City of Thorold

Dear Mr. Fabiano,

I am writing in response to your request for advice regarding the issue raised by people of Aboriginal heritage in your community who find objectionable the current Black Hawk warrior image used by local hockey teams and their associations in Thorold, Ontario.

Constructive discrimination

From: Guide to your rights and responsibilities under the Human Rights Code

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.

11. Housing

From: Minds that matter: Report on the consultation on human rights, mental health and addictions

The lack of affordable and suitable housing across Ontario was raised by individuals with mental health and addiction disabilities, and organizations. Statistics Canada’s 2006 Participation Activity Limitation Survey (PALS) shows that in Ontario, people with “emotional” disabilities are more likely to be in core housing need than the non-disabled population and people with other types of disabilities.

Scope of application

From: Annual Report 2011-2012 - Human rights: the next generation

Education is a “service” under the Code

Types of Rental Housing Discrimination

From: Human Rights and rental housing in Ontario: Background paper

Discrimination in rental housing can take various forms. One does not have to show that the discrimination was deliberate, malicious or even intentional. Even actions that are unintended or comments that are “only a joke”, are prohibited if they are offensive and discriminatory based on a ground in the Code.

Relevant Ontario Human Rights Code provisions

From: Policy on drug and alcohol testing

Employment
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 offenses, marital status, family status or disability.

Disability
Section 10

(1) “Disability” means,

Drug and alcohol testing: direct or constructive discrimination?

From: Policy on drug and alcohol testing

Although the Code distinguishes between direct and constructive discrimination,^[12] the distinction is less important than it used to be, particularly in the area of disability. This is a result of the combined impact of two factors.

Ontario Human Rights Commission

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