Human Rights Legislation CLN4U

The Charter The Charter applies to governments and their agencies, while the actions of individuals are governed by various pieces of human rights legislation The Charter applies to governments and their agencies, while the actions of individuals are governed by various pieces of human rights legislation

The Canadian Human Rights Act Provides for protection against discrimination and harassment for individuals employed in areas falling within the scope of federal authority Provides for protection against discrimination and harassment for individuals employed in areas falling within the scope of federal authority Banking Banking Communications Communications Airlines Airlines

The Canadian Human Rights Act It prohibits discrimination on the grounds of: It prohibits discrimination on the grounds of: Race Race National/ethnic origin National/ethnic origin Colour Colour Religion Religion Age Age Sex Sex Sexual orientation Sexual orientation Marital status Marital status Family status Family status Disability Disability Conviction for which a pardon has been granted Conviction for which a pardon has been granted Allows for the development of affirmative action programs and prevents retaliation against individuals who file complaints of discrimination Allows for the development of affirmative action programs and prevents retaliation against individuals who file complaints of discrimination

Legal Discrimination? While, generally speaking, discrimination is not allowed, all human rights codes allow for bona fide occupational requirements While, generally speaking, discrimination is not allowed, all human rights codes allow for bona fide occupational requirements However, an employer must attempt to accommodate an individual. However, an employer must attempt to accommodate an individual. Affirmative action programs are controversial, as they are create favourable conditions for an identifiable group Affirmative action programs are controversial, as they are create favourable conditions for an identifiable group However, these programs are not considered discriminatory, as they are created to rectify past discrimination However, these programs are not considered discriminatory, as they are created to rectify past discrimination

The Canadian Human Rights Act Protects individuals in areas under federal jurisdiction Protects individuals in areas under federal jurisdiction Passed in 1977 to provide protection from discrimination and harassment Passed in 1977 to provide protection from discrimination and harassment

Prohibits discrimination based on… Race Race National or ethnic origin National or ethnic origin Colour Colour Religion Religion Age Age Sex Sex Sexual orientation Sexual orientation Marital status Marital status Family status Family status

Prohibits discrimination based on… Disability Disability Mental Mental Physical Physical Disfigurement Disfigurement Dependence on drugs/alcohol Dependence on drugs/alcohol Conviction (pardoned) Conviction (pardoned)

The Canadian Human Rights Act Some important cases under CHRA: Some important cases under CHRA: Bhinder and the Canadian Human Rights Commission v. Canadian National Railway [1985 Bhinder and the Canadian Human Rights Commission v. Canadian National Railway [1985 Requirement to wear a hardhat Requirement to wear a hardhat Baltej Singh Dhillon - RCMP banned turban Baltej Singh Dhillon - RCMP banned turban Pay equity Pay equity

Ontario Human Rights Code All legislation in Ontario must be consistent with the Code. All legislation in Ontario must be consistent with the Code. If you feel the Code has been violated, you apply to the Ontario Human Rights Commission. If you feel the Code has been violated, you apply to the Ontario Human Rights Commission. Code applies to five areas: Code applies to five areas: Access to services, goods, facilities Access to services, goods, facilities Accommodation Accommodation Right to contract Right to contract Employment Employment Occupational associations Occupational associations

Ontario Human Rights Code In regards to services, goods and facilities, it prohibits discrimination based on: In regards to services, goods and facilities, it prohibits discrimination based on: Race Race Ancestry Ancestry Place of origin Place of origin Colour Colour Ethnic origin Ethnic origin Citizenship Citizenship Creed Creed Sex Sex Sexual orientation Sexual orientation Age Age Marital status Marital status Same-sex partnership status Same-sex partnership status Disability Disability

Ontario Human Rights Code For employment, it is expanded to include: For employment, it is expanded to include: Pardoned offences Pardoned offences Convictions under provincial law Convictions under provincial law For accommodation, it is further expanded to include receipt of public assistance For accommodation, it is further expanded to include receipt of public assistance

Categories of Discrimination Direct Discrimination: Direct Discrimination: Overt, clearly discriminatory Overt, clearly discriminatory Adverse-Effect Discrimination: Adverse-Effect Discrimination: Requirement seems neutral, but harms an identifiable group Requirement seems neutral, but harms an identifiable group