The Tribunal's decision contains a detailed review of the allegations and clear statements about why there was
no discrimination under the Code in each instance.
It is the relationship the contract creates that must be analyzed to determine whether there has been prohibited
discrimination under the Code, not the language of the contract's provisions.
The Court unanimously found that, while the actions of the Downtown Ambassadors had negatively impacted the street homeless population, and that Indigenous and disabled persons (groups protected by human rights law) are over-represented in the street homeless population, the evidence presented was not enough to show that Indigeneity and disabled status were factors in the negative treatment experienced by the group to show
discrimination under the Code.
The Court unanimously found that, while the actions of the Downtown Ambassadors had harmed the street homeless population and that Indigenous and disabled persons are over-represented in the street homeless population, that the evidence presented was not enough to show that being Indigenous or disabled was a factor in the harmful treatment experienced to be considered
discrimination under the Code.
Family status has long been a protected ground of
discrimination under the Code and other human rights legislation across Canada.
Some of the prohibited grounds for
discrimination under the Code include family status, creed, citizenship, ethnic origin, colour, race, sex, age, disability, sexual orientation, marital status.
Since 2012, «gender identity» and «gender expression» have been prohibited grounds of
discrimination under the Code.
In the Court's judgment, workplace harassment and abusive conduct only amount to
discrimination under the Code where the harasser is in a position of economic power over the victim, such as a supervisor.
«While the ability to engage in lawful political activity and free expression of political opinion are fundamental rights in Canadian society, and may be the subject of other laws or policies, they are not proscribed grounds of
discrimination under the code.
For its part Carleton argued its actions were a justified response to safety concerns and the actions were not related to the grounds of
discrimination under the code.
44 (2) of the Human Rights Code, and his acts were deemed to be their acts for the purpose of considering liability for
discrimination under the Code.
Not exact matches
The teenager made a complaint
under chapter H. 19 of the Human Rights
Code, which pertains to
discrimination in employment because of sex, sexual harassment, sexual solicitation or advances, gender identity and age.
In 2015, the state Education Department issued further guidelines
under the act to specifically prevent
discrimination of transgender and gender - nonconforming students, along with suggestions on how to make them feel more comfortable at school, including the right to use the restroom and locker room in accordance with their gender identity, participate in gender - segregated activities in accordance with their gender identity, and adhere to dress
codes in accordance with their gender identity and expression.
Discrimination solely because you filed for bankruptcy is prohibited
under the U.S. Bankruptcy
Code.
Amends § § 4112.02, 4112.05, 4112.08, and 4112.14 of the Revised
Code to specify that
discrimination by an employer against any person because of the person's credit history is an unlawful discriminatory practice
under the Ohio Civil Rights Law.
The law is clear: If it's considered
discrimination under the Human Rights
Code, it's forbidden for the landlord to do it.
Second, in the Human Rights Tribunal of Ontario's («Tribunal») Form 2 (Response to an Application
under Section 34 of the Human Rights
Code), the Tribunal explicitly asks organizational respondents whether or not they have internal human rights policies related to the alleged
discrimination.
Addictions to both drugs or alcohol are considered «disabilities»
under the Ontario Human Right's
Code (the
Code), and anyone with a past, current, or even perceived addiction to drugs or alcohol is protected from
discrimination in the workplace.
In this case, the Tribunal addressed two applications against a school board in which a parent alleged
discrimination and failure to accommodate his children's respective disabilities
under Ontario's Human Rights
Code (the «
Code»).
A termination because of
discrimination under the Ontario Human Rights
Code or as retaliation for reporting or enforcing a provision of the ESA or the Occupational Health and Safety Act, may be unlawful.
In a recent Human Rights Tribunal decision, 1 the Applicant, Timothy Pritchard, filed an Application
under section 34 of Part IV of the Human Rights
Code, R.S.O. 1990, c. H. 19, as amended (the «
Code»), alleging
discrimination with respect to employment on the basis of disability.
In Empire Investments Corp. v. Pontes, the court held that for «gender - based
discrimination and sexual harassment [John] Pontes must pay the complainant the maximum possible award
under the
code of $ 10,000 for injury to feelings, dignity, and self - respect.»
Although the complainant could establish that she suffered some level of inconvenience as a result of the employer's actions, this did not rise to the level of interference that resulted in
discrimination under the BC Human Rights
Code.
If your employee believes they have experienced
discrimination or harassment
under the Human Rights
Code, the Human Rights Tribunal of Ontario is responsible for investing and resolving the claim.
She defends race and ethnicity
discrimination claims brought
under Title 42, Section 1981 of the US
Code, as well as all other civil rights claims.
This is one of several failed attempts to protect persons from
discrimination by including gender identity as a protected ground
under the Canadian Human Rights Act and Criminal
Code.
Can a unionized employee who received settlement money as a result of a union grievance also make an application
under the Human Rights
Code, alleging
discrimination as a result of the same situation?
Employers should also conduct workplace investigations in response to incidents and complaints of
discrimination or harassment
under the Ontario Human Rights
Code (the «
Code»).
If passed into law the Bill would amend the Canadian Human Rights Act to include «gender identity» as one of the prohibited grounds of
discrimination and would change the Criminal
Code to similarly add gender identity
under Canada's hate crimes laws.
The new policy is designed to clarify the protections
under Ontario's Human Rights
Code and help organizations create practices to prevent bias,
discrimination or harassment.
The updated Policy on Ableism and
Discrimination based on Disability establishes that «disability» is a broad and constantly evolving term
under section 10 of the Ontario Human Rights
Code («
Code»).
The appeal, brought by the Downtown Vancouver Business Improvement Association (DVBIA) and the City of Vancouver (COV), seeks to overturn a finding that the Downtown Ambassadors private security program's targeted and repeated removal of homeless persons from public spaces in downtown Vancouver constituted
discrimination under the BC Human Rights
Code.
West Coast LEAF and CLAS are intervening in the case, Vancouver Area Network of Drug Users v. DVBIA and COV, to argue that evidentiary requirements to show
discrimination under the BC Human Rights
Code must not themselves create additional barriers to accessing justice for populations facing historic disadvantage and marginalization.
Importance: The primary issue before the Court of Appeal was whether the Divisional Court properly applied the reasonableness standard to the Tribunal's decision — the blog posts did not infringe Ms. Taylor - Baptiste's right to equal treatment «with respect to employment without
discrimination»
under section 5 (1) of the
Code.
The BCSC judge found that the removals of homeless persons from public spaces constituted
discrimination under the BC Human Rights
Code (the
Code).
Allowing some employees to telecommute, and then refusing others on the basis that there are now «too many» doing this, will inevitably create friction and unhappiness in the workplace, but may also lead to an allegation of
discrimination under the Human Rights
Code.
The legislation goes a long way in standardizing the process for requesting PRCs, protecting individual privacy rights and helping to avoid
discrimination under the Human Rights
Code.
Under section 23 (1) of the
Code an employer will infringe on the right to equal treatment in employment when a job posting or advertisement directly or indirectly classifies or indicates qualifications by a prohibited ground of
discrimination.
An employee has human rights protection from
discrimination under the Human Rights
Code in Ontario.
Under the
Code, everyone has the right to define their own gender identity and to be recognized and treated as that gender without
discrimination or harassment, whether or not they have undergone surgery or have their identity documents up to date.
Further, sexualized dress
codes may not only involve
discrimination based on sex, but other prohibited grounds
under the
Code could be triggered including, race, religion and gender identity and expression.
Given that Botony breached its obligations, the Court considered what an appropriate remedy might be
under the Human Rights
Code, which prohibits employment - related
discrimination on the basis of «family status.»
Statutory Jurisdiction
under the
Code — The Tribunal can also only deal with issues of
discrimination as defined within the BC Human Rights
Code.
[
Under the Human Rights
Code, everyone is entitled to equal treatment with respect to services, goods and facilities, without
discrimination on listed prohibited grounds.]
Bill C - 16 proposes to include gender identity and gender expression as prohibited grounds for
discrimination under the Canadian Human Rights Act and hate speech provisions
under the Criminal
Code.
The test to establish
discrimination under Ontario's Human Rights
Code requires that the claimant show:
This year, the Ontario Human Rights Commission released its Policy on preventing
discrimination because of Gender Identity and Gender Expression («Policy»), which is a helpful guide for employers in understanding gender identity and expression, and in meeting their responsibilities
under the Ontario Human Rights
Code («
Code») to prevent gender identity and gender expression
discrimination.
Ananda was a case involving allegations of
discrimination under the Ontario Human Rights
Code in services by a nursing student who was enrolled in a four (4) year joint program at Humber College Institute of Technology & Advanced Learning («Humber») and the University of New Brunswick («UNB»).
Currently, the protected ground of «record of offences» protects against
discrimination only on the basis of: (a) convictions
under provincial legislation such as the Highway Traffic Act, and (b) convictions
under federal legislation such as the Criminal
Code, for which a pardon has not been granted.
Under the Ontario Human Rights
Code, every person has a right to «equal treatment with respect to employment» without
discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability... Read More