Co-op Human Rights Test

The Ontario Human Rights Code (the 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 social areas:

What are the 5 social areas?

• Services, goods, and facilities

• Housing

• Contracts

• Employment

• Membership in vocational associations and trade unions

Services, goods and facilities

including schools, hospitals, shops, restaurants, sports and recreation organizations and facilities

Housing

 the place where you live or want to live, whether you rent or own the premises 

Contracts

includes both written and oral agreements

Employment

includes job ads, application forms, job interviews, work assignments, work environment, training, promotions, discipline, terminations, volunteer duties, etc.

Membership in vocational associations and trade unions

such as the Ontario Secondary School Teachers' Federation or United Steelworkers. 

What are the 16 Prohibited Grounds of Discrimination?

• Age

• Ancestry

• Citizenship

• Gender expression

• Gender Identity

• Marital Status

• Colour

• Race

• Place of Origin

• Creed (religion or faith)

• Disability

• Ethnic Origin

• Family Status

• Receipt of public assistance

• Record of offences - provincial offenses or pardoned federal offences

• Sex - includes the right to breastfeed

• Sexual orientation

Poisoned Environment

A poisoned environment is created by comments or conduct that ridicule or insult a person or group protected under the Code and cause them to feel that the environment is hostile or unwelcoming. It violates their right to equal treatment with respect to services, goods and facilities, housing and employment. The actions or comments do not have to be directed specifically at individuals. 

For example, insulting jokes, slurs or cartoons about gay and lesbian people or racial groups, or pin-up photos that demean women, all contribute to a poisoned environment for members of those groups. 

Systemic Depression

discrimination that is part of the social or administrative structures of many organizations, whether a business, service organization or social institution, such as a school, hospital, government office, law court, etc. Systemic discrimination can be found in an organization’s policies or practices, and it may be invisible. Even if unintended, it can deny whole groups of people their rights or exclude them from taking part. For example: 

• Racism or prejudice by people in positions of authority may violate the rights of members of certain groups, such as when an organization hires or promotes only White males. 

• Biases against groups may mean that they are treated differently. For example, an organization hires only women in clerical positions and only men in sales positions. 

Bias

•  an inaccurate and limited way of perceiving a group. Negative bias towards members of a group can be expressed through language, published materials and other communication practices.

Equal Treatment

• treatment that brings about an equality of results and that may, in some instances, require different treatment. For example, to give all students equal treatment in entering a building, it may be necessary to provide a ramp for a student who uses a wheelchair

Constructive discrimination

Constructive discrimination occurs when a seemingly neutral requirement has a discriminatory effect (or adverse impact) when applied to a group protected under the Code. For example, a requirement that all employees work on Saturdays could discriminate against people who must worship on that day as part of their religious practice. Or a height or weight requirement could in general exclude women and some ethnic or racialized groups from certain jobs.

Neutral requirement

a requirement that on the surface, appears to be unbiased.

Adverse impact

 having a harmful result. Sometimes treating everyone the same will have a negative effect on some people.

Accommodation

(in employment, services and housing): to adapt, adjust or eliminate existing requirements or conditions, to enable a person or group to carry out the essential duties of an activity or job.