Ontario Human Rights Commission

 The Ontario Human Rights Commission is the agency directly responsible for administering and enforcing the Human Rights Code in Ontario

The Commission has four basic goals: 1. to prevent discrimination through public education and the development of public policy, 2. to investigate complaints of discrimination and harassment, 3. to try to conciliate between the parties in complaints and help them reach a settlement, and 4. to look into situations where subtle or indirect discrimination may exist.

 The Ontario Human Rights Code provides protection from discrimination in five areas of our lives. It states that every person has a right to freedom from discrimination in the following social areas:  services, goods and facilities— including schools, hospitals, shops, restaurants, sports and recreation organizations and facilities.  occupancy of accommodation— the place where you live or want to live, whether you rent or own the premises.  contracts—whether written or oral agreements.  employment—including advertisements, application forms and job interviews as well as work assignment, training, and promotions.  membership in vocational associations and trade unions—such as the Ontario Secondary School Teachers’ Federation or United Steelworkers SOCIAL AREAS

PROHIBITED GROUNDS OF DISCRIMINATION  discrimination occurs most often because of a person’s membership in a particular group in society.  the Code identifies sixteen prohibited grounds for discrimination:

Grounds of Discrimination 1. race—common descent or external features such as skin colour, hair texture, facial characteristics 2. ancestry—family descent 3. place of origin—country or region 4. colour—associated with race 5. ethnic origin—social, cultural or religious practices drawn from a common past 6. citizenship—membership in a state or nation 7. creed—religion or faith 8. sex—discrimination can be sexual in nature, or because of gender or pregnancy. This also includes the right to breastfeed in public areas or in the workplace. Sex also includes the notion of gender identity.

Grounds of Discrimination 9. sexual orientation— includes lesbian, gay, bisexual or heterosexual 10. handicap—physical disability or disfigurement caused by injury, illness or birth defect 11. age—18-65 years (employment); 16+ years (accommodation); 18+ years (all other areas) 12. marital status—including cohabitation, widowhood, separation 13. family status—the parent/child relationship 14. same sex partnership status—the status of living with a person of the same sex in a conjugal relationship outside marriage. 15. record of offences— provincial offences or pardoned federal offences (in employment) 16. receipt of public assistance—in housing only

EXCEPTIONS TO PROHIBITED GROUNDS 1. an organization that serves a group protected by the Code, such as religious, educational or social institutions serving ethnic groups, people with disabilities, religious groups, etc.,may choose to employ only members of that group; 2. an employer may choose to hire or not hire, or to promote or not promote his or her own spouse, child or parent or the spouse, child or parent of an employee ;

EXCEPTIONS con’t… 3. an employer may discriminate on the basis of age, sex, record of offences or marital status if these are genuine requirements of the job.  For example, a shelter for battered women may choose to hire only women as counsellors; a club may only hire male attendants to work in the men’s locker room; or a child care facility may refuse to hire someone convicted of child molesting on the ground that the hiring would pose a safety risk to the children.

The Complaint Process  The Code requires the Commission to accept all complaints.  The Commission maintains a neutral position throughout the complaint process  Once the complaint has been made the Commission staff will review it to make sure it meets Commission standards.  The Commission will then register and “serve' the complaint by sending it to the Respondent(s) – the person(s) or the organization that the complaint is about.  The respondent is requested to provide a response in writing to the allegations set out in the complaint within 21 calendar days.

Mediation  The Commission staff will work with both parties to try to settle the dispute if possible.  Mediation may lead to a settlement if both parties accept the terms of the agreement.  If mediation is unsuccessful, it will be referred for investigation where an officer will be assigned to investigate the complaint.

Investigation  The investigation officer conducts an impartial investigation including interviewing witnesses and gathering documentary evidence.  The findings of the investigation are shared verbally with both sides in a conciliation meeting where the officer will try to get the parties to come to a settlement.  Both sides to the complaint may consult with a lawyer or representative at any stage of the complaint process

Conciliation  Conciliation is a process of discussing a settlement with parties after the investigation has been completed  If the parties come to a settlement, both will be required to sign a written agreement to close the matter  If the complainant refuses to accept a reasonable offer during conciliation, the Commission may decide not to send the matter to the Human Rights Tribunal.

The Human Rights Tribunal  The Human Rights Tribunal is independent from the Commission.  The Tribunal hears evidence and decides whether or not discrimination occurred and what needs to be done to remedy the situation.  The Commission is responsible for presenting evidence about the complaint to the Tribunal,  The complainant has the right to make separate submissions.

The Human Rights Tribunal  The Commission does not represent the complainant or the respondent at the Tribunal.  The respondent and the complainant may each retain their own legal counsel.  Any party to a complaint may seek to appeal a decision of the Tribunal to a higher court.