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OHRC Frequenly Asked Questions (FAQ's)

COVID-19 and Ontario’s Human Rights Code – Questions and Answers

March 18, 2020

 

Last updated October 20, 2022

The OHRC has developed a series of questions and answers for understanding your human rights and obligations during the COVID-19 pandemic. These questions and answers cover the rights and responsibilities of employers and employees, tenants and landlords, as well as residential institutions.

Disclaimer: The answers to the questions posed do not constitute legal advice. The OHRC continues to monitor the evolving situation and will update or add to these questions and answers on an ongoing basis as needed.

 

Under suspicion: Frequently asked questions

What is racial profiling?

Racial profiling is a specific type of racial discrimination that pertains to safety and security. The OHRC currently defines racial profiling as:

[A]ny action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment.

Can an employer ask for a driver’s licence, when I am applying for a job?

From: Frequently asked questions

The Human Rights Code says employers must not use application forms or ask questions of job applicants, which directly or indirectly ask them to give information about a “ground of discrimination”.  For example, asking for information about a driver’s licence, when it may not be an essential duty of the job, may prevent or discourage someone from applying for a job - such as a person with a disability who is limited in their ability to drive.  Also, asking a job applicant to

Can I fire a woman whose pregnancy is preventing her from doing the job she was hired to do?

From: Frequently asked questions

It is discrimination if you fire, demote or lay off an employee because she is or may become pregnant or she is away on maternity leave or disability leave related to pregnancy. Employers have a duty to accommodate a pregnant woman unless it would cause undue hardship. This may include changing her job duties temporarily or providing time off work.

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