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ONTARIO HUMAN RIGHTS ACT

ONTARIO HUMAN RIGHTS ACT. “protecting us from ourselves…..”. Quick Test – to which does the CharterOHRA not apply?. a school does not allow kirpans to be worn in school IRHS teacher won’t let you leave class to talk with your friends You mother won’t let you associate with Dutch people

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ONTARIO HUMAN RIGHTS ACT

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  1. ONTARIO HUMAN RIGHTS ACT “protecting us from ourselves…..”

  2. Quick Test – to which does the Charter\OHRA not apply? • a school does not allow kirpans to be worn in school • IRHS teacher won’t let you leave class to talk with your friends • You mother won’t let you associate with Dutch people • You can’t rent an apartment since you are a male/female/short tall or other random reason

  3. Right not to be discriminated against 5 social areas • Housing accommodation • Contracts • Employment • Vocational Association • Stores, restaurants, bars

  4. -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

  5. Prohibited Grounds of Discrimination 16 of them

  6. RACE, COLOUR

  7. PLACE OF ORIGIN, ANCESTRY

  8. MORE GROUNDS….. - ethnic origin-social, cultural or religious practices drawn from a common past citizenship-membership in a state or nation - creed-religion or faith - age-18-65 years (employment); 16+ years (accommodation); 18+ years (all other areas)‏ receipt of public assistance-in housing only - handicap-physical disability or disfigurement; learning disability or any dysfunction in the ability to understand or use symbols or speech, developmental disability, psychiatric disability

  9. MORE GROUNDS….. marital status-including cohabitation, widowhood, separation family status-the parent/child relationship same sex partnership status-the status of living with a person of the same sex in a conjugal relationship outside marriage. record of offences-provincial offences or pardoned federal offences (in employment)‏ sex-discrimination can be sexual in nature, or because of gender or pregnancy. Also includes the notion of gender identity. sexual orientation-includes lesbian, gay, bisexual or heterosexual

  10. The OHRA does not protect against everything AREAS • Contracts, Accommodation, Services, Employment, Vocational Organizations ▼ GROUNDS • Race, Ancestry, Place of Origin, Creed, Handicap, Marital Status, Colour, Age, Sexual Orientation, Same-sex partnership status, Record of offences, Sex, Family Status

  11. Could you argue OHRA here?

  12. Some exemptions to prohibited grounds • There are some exceptions to these prohibited grounds in the area of employment:

  13. Some exemptions to prohibited grounds • 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;

  14. MORE EXEMPTIONS TO PROHIBITED GROUNDS • 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;

  15. MORE EXEMPTIONS TO PROHIBITED GROUNDS • 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

  16. HARASSMENT • "engaging in a course of vexatious [annoying or provoking] comment or conduct which is known or ought reasonably to be known to be unwelcome."

  17. HARASSMENT continued • It does not matter if the person/perpetrator has done this intentionally or unintentionally

  18. Sexual Harassment • Every employee has the right to be free from sexualharassmentfrom other employees, supervisors and customers. Tenants also have a right to freedom from harassment on the basis of sex by the property owner, property owner's agent, or another tenant.

  19. Sexual Harassment • Sexual harassment occurs when someone receives unwelcome sexual attention and the person making the comments or showing such conduct knows or should reasonably know that the comments or behaviour are offensive, inappropriate, intimidating or hostile.

  20. The Code is also violated • sexualsolicitation from a supervisor or other person in a position of authority, • if he/she knows or ought reasonably to know it is unwelcome.

  21. if a supervisor threatens or penalizes an employee for not complying with sexual demands.

  22. The Code prohibits sexualharassment of students by other students, teachers by students and students by teachers as unequal treatment on the basis of sex.

  23. Is this sexual harassment? Asking someone out on a date?

  24. What if someone asks you out 37 times?

  25. Yes!

  26. Is this sexual harassment? • You are a supervisor at Price Chopper. • One of the cashiers under your supervision asks you out.

  27. Is this sexual harassment? • Maybe. • But as a person in a position of power are you setting yourself up for some BIG trouble if things go sour?

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