Ontario Human Rights Commission: Grounds of Discrimination – Definitions and Scope of Protection

Summary

The Ontario Human Rights Commission’s webpage on “Grounds of Discrimination: Definitions and Scope of Protection” provides essential information and guidance on the grounds of discrimination protected under the Ontario Human Rights Code. It defines and explains the scope of protection for various grounds of discrimination to help employers understand their legal obligations and promote equity and inclusion in the workplace.

Key Findings

• Intersectionality and Compounding Effects: Discrimination experienced by individuals often results from the intersection of multiple grounds of discrimination. The unique combination of identities exposes individuals to particular forms of discrimination, leading to significant personal and social harm. The compounding effects of discrimination based on intersecting grounds can result in additional barriers and disadvantages that individuals face in various aspects of life, including employment.
• Unique Stereotypes and Assumptions: Intersectionality can give rise to unique stereotypes and assumptions that are associated with specific socially significant intersections.
• Protection Based on Association: The Ontario Human Rights Code extends protection to individuals who face discrimination because of their association with a person protected under the Code, even if they do not personally share the same grounds of discrimination. Section 12 of the Code allows individuals to file a complaint based on discrimination arising from their association with someone protected by the Code. This provision ensures that individuals are protected from discrimination based on their relationship with a person who is protected under the Code.
• Discrimination Due to Association: Discrimination based on association can occur in various contexts, such as inter-racial relationships, caregiving for persons with disabilities, or objecting to discriminatory comments aimed at another group
• Protection based on perception: The Ontario Human Rights Code offers protection to individuals who are treated differently in a workplace due to negative characteristics associated with one of the protected grounds, even if these perceptions are inaccurate.
• Focus on perceptions, myths, and stereotypes: The analysis of discrimination in such cases centers on the perceptions, myths, and stereotypes underlying an individual’s experience, rather than the intent behind the treatment.
• Subjective impact of treatment: The subjective impact of the differential treatment is considered, emphasizing how it affects the individual, rather than solely focusing on the intent or motive behind the treatment.
• Disability-related concerns are prevalent in human rights claims, making it important for employers to plan for compliance with the Code through inclusive design, accessibility reviews, and accommodation policies.
• The definition of disability in the Code is broad and includes physical, developmental, mental, or learning disabilities. It also protects individuals perceived to have a disability, as well as those who have had a disability in the past or are believed to have had one.
• Discrimination based on disability may be rooted in perceptions, myths, and stereotypes, rather than solely on functional limitations. It is crucial to assess how a person was treated rather than focusing solely on proving physical limitations or ailments.
• Disabilities that are not visibly apparent, such as chronic fatigue syndrome, migraines, or mental illnesses, can be subject to stereotypes and prejudice, leading to discrimination.
• Mental disabilities, including mental illness, are protected under the Code. Individuals with mental disabilities face unique challenges in the job market and workplace, and discriminatory barriers can impede their equal participation.
• Stigma and prejudice in the workplace can contribute to stress and worsen the mental health of employees with mental disabilities, potentially hindering their ability to seek help or fully engage in the workplace.
• A supportive workplace environment that addresses stereotypes and promotes accommodation is crucial for individuals with mental disabilities to thrive and for the organization to retain valuable employees.

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