Ontario’s Human Rights Code Key Features: 1. Broad Purpose - Preamble - Cannot contract out of it
2. Covers 5 key social areas: * Employment (s. 5) * Housing; * Contracts; * Goods and services; * Vocational associations (e.g. trade unions)
Key Features of Code: 3. There are 14 prohibited grounds of discrimination in employment: * Race, ancestry, place of origin, colour, ethnic origin * Citizenship * Creed (religion) * Sex, sexual orientation, marital status, family status * Record of Offences * Age (18+) * Disability*
What is Discrimination: 4. Code also covers unintentional (constructive) discrimination (now s. 11 Code) Negative impact based on prohibited ground = Discrimination unless BFOQ Duty to Accommodate to point of Undue Hardship
Meiorin : 3 Key Points 1. Same analysis for all types of discrimination
Meiorin Test: 2. To be considered a BFOQ, the workplace policy must: * Be rationally connected to job - yes * Be adopted in an honest belief that it is necessary to satisfy a legitimate business purpose - yes * Be reasonably necessary to accomplish that purpose - and impossible to “accommodate” the individual or group without creating undue hardship – no*
Meiorin: 3. Inclusive Design – ERs must design systems with diverse groups in mind*, rather than creating exceptions later
What the Court Decided: SCC found for ER: * The test is not “is it impossible” to accommodate but “is it impossible without imposing undue hardship”. * Essence of contract remains - duty to perform work in exchange for remuneration* * Specific Exceptions(s. 24: Special service organization (Christian Horizon case) * Genuine BFOQ * Personal caregiver in home * Nepotism policy - spouse, child, parent of employer or employee * Affirmative action programs - s. 14*
Prohibited Grounds of Discrimination: 1. Race and
2. Colour
3. Ancestry
4. Place of origin
5. Ethnic origin
(Exception to all five of these grounds: Special service organization
Prohibited Grounds of Discrimination: 6. Citizenship (Exceptions under s. 16) 7. Creed - religion (Exception: Special service organization)*
Prohibited Grounds of Discrimination: 8. Sex - not defined but interpreted to include pregnancy and transgendered people (Exceptions: Special service organization or if BFOQ)*
Prohibited Grounds of Discrimination: 9. Sexual Orientation * refers to gays, lesbians, bisexuals and heterosexuals*
Prohibited Grounds of Discrimination: 10. *Age- effective Dec. 12, 2006 defined as anyone age 18 and over (Exception: Special service organization, BFOQ)*
Prohibited Grounds of Discrimination: 11. *Record of Offences * - a criminal offence for which a pardon has been granted * - a provincial offence (Exception: BFOQ)*