Freedom from Discrimination

• Author: Paul Wearing
• Pages: 91-103

•91

CHAPTER THIRTEEN

Freedom from Discrimination

What You Should Know

An employer “has a duty to provide a discrimination-free workplace.”1

In Ontario, the protection of equal rights and opportunity is regulated

by the Human Rights Code(HRC),2 which is administered by the Ontario

Human Rights Commission. The commission drafts policies to promote

and protect human rights. The Human Rights Tribunal of Ontario (HRTO)

enforces compliance with the HRC through interpretation and applica-

tion of the policies developed by the Human Rights Commission.

This chapter will address discrimination and harassment only in

employment.

A violation of the HRC does not require proof of an intention to discrim-

inate. A prohibited act once proven, regardless of the reason, will be a

violation. Discrimination and harassment of persons is prohibited in em-

ployment, accommodation (housing), contracts, services, and vocational

associations. The HRC recognizes a bona f‌ide occupational requirement

for a job, which relieves an employer of liability for what would otherwise

be found to be a discriminatory policy, practice, rule, or performance

standard.

Complaints alleging violation of the HRC are adjudicated by the

HRTO and must be f‌iled within one year of the date of the alleged inci-

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