Equality & Discrimination CLU3M

Equality Equality is an essential aspect in the study of the Canadian Charter of Rights and Freedoms. It is connected to each case study, every example, and many sections of the Charter. Equality, as a general term, is relatively easy to understand. However, equality, as a term associated with the Charter is a difficult idea to comprehend. How do you define equality? Does equality mean treating people exactly the same?

Equality Providing people with equal protection and equal benefit of the law does not mean treating people exactly the same. Rather, in our quest for equality, it is often necessary to treat people differently, as long as we are treating them fairly, so that they do not suffer from discrimination.

What is Discrimination? Discrimination occurs when someone acts on a stereotype or prejudice. Discrimination, therefore, leads to unfair treatment and imposes a penalty upon people for invalid reasons preventing them from having an equal opportunity to be a part of society.

Stereotypes Means “set image”. Involve generalizations about the "typical" characteristics of members of a group Refers to an instant or fixed picture of a group of people Labels that people apply to members of certain groups, regardless of their individuality Organize and simplify our complex world → therefore, can be functional Usually based on incomplete information Can be positive, but usually negative Applied to many factors such as class, gender, race, age, and ethnicity

Examples of Stereotypes All women are dangerous drivers All Asian people are superior at Math All people living at Jane and Finch are gang members

Prejudice It is a preconceived opinion, belief, or attitude about a group of people that is applied to an individual Literally means “prejudgment” A prejudiced person pre-judges another individual based on the fact that he or she belongs to a group, not on actual character, skill, or personality Prejudice opinions are based on ignorance, not fact Can be positive, but are usually negative

Stereotypes lead to prejudice STEREOTYPE→→→PREJUDICE All women are dangerous drivers Jessica can’t drive because she is female All Asian people are superior at Math Lee is going to ace his Math test because he is Asian All people living at Jane and Finch are gang members Mrs. Koutsaris is part of a gang because she grew up at Jane and Finch

Discrimination and the Law Discrimination is illegal, unlike prejudice and stereotyping, because it violates the human rights of individuals There are two types of discrimination in law: 1. Intentional discrimination (a.k.a. differential treatment) Occurs when a person or organization knowingly commits a discriminatory act (on purpose) i.e. A company fires an employee once they discovered he was gay.

Discrimination and the Law 1. Unintentional discrimination (a.k.a. disproportionate impact) Occurs when people or organizations treat others unfairly but are not aware that their actions are discriminatory i.e. - older buildings that were built without a ramp for people who use wheelchairs. i.e. - a fire department requiring applicants to carry a 100 lb (50 kg) pack up three flights of stairs. The upper-body strength required typically has an adverse impact on women. The fire department would have to show that this requirement is job-related for the position. This typically requires employers to conduct validation studies that address both the Uniform Guidelines and professional standards. In the above examples, the service provider or employer did not necessarily intend to discriminate. Yet, according to the law, discrimination has taken place because of the effect on the protected groups. In these examples, the individuals were faced with an unfair disadvantage due to the protected characteristics of physical disability and ethnic or national origin.

Prejudice can lead to Discrimination STEREOTYPE→→→PREJUDICE→→→DISCRIMINATION All women are dangerous drivers Jessica can’t drive because she is female Jessica is not hired as a limo driver because she is female All Asian people are superior at Math Lee is going to ace his test because he is Asian Lee is given a harder test by his teacher because he is Asian All people living at Jane and Finch are gang members Mrs. Koutsaris is part of a gang because she grew up at Jane and Finch Mrs. Koutsaris is not hired as a teacher because she lives at Jane and Finch

Activity – Discrimination Skit In your groups, develop a skit that clearly shows how a stereotype could lead to a prejudice and finally result in a discriminatory action. Each group will depict a discriminatory action based on the random distribution of the following topics: ClassPhysical Appearance Gender DisabilityAgeWork EthnicityRaceWhere you live