Human Rights Legislation CLN 4 U The Charter

Human Rights Legislation CLN 4 U

The Charter n The Charter applies to governments and their agencies, while the actions of individuals are governed by various pieces of human rights legislation

The Canadian Human Rights Act n Provides for protection against discrimination and harassment for individuals employed in areas falling within the scope of federal authority n n n Banking Communications Airlines

The Canadian Human Rights Act n It prohibits discrimination on the grounds of: n n n Race National/ethnic origin Colour Religion Age Sexual orientation Marital status Family status Disability Conviction for which a pardon has been granted Allows for the development of affirmative action programs and prevents retaliation against individuals who file complaints of discrimination

Legal Discrimination? n While, generally speaking, discrimination is not allowed, all human rights codes allow for bona fide occupational requirements n n However, an employer must attempt to accommodate an individual. Affirmative action programs are controversial, as they are create favourable conditions for an identifiable group n However, these programs are not considered discriminatory, as they are created to rectify past discrimination

The Canadian Human Rights Act n n Protects individuals in areas under federal jurisdiction Passed in 1977 to provide protection from discrimination and harassment

Prohibits discrimination based on… n n n n n Race National or ethnic origin Colour Religion Age Sexual orientation Marital status Family status

Prohibits discrimination based on… n Disability n n n Mental Physical Disfigurement Dependence on drugs/alcohol Conviction (pardoned)

The Canadian Human Rights Act n Some important cases under CHRA: n Bhinder and the Canadian Human Rights Commission v. Canadian National Railway [1985 n n n Requirement to wear a hardhat Baltej Singh Dhillon - RCMP banned turban Pay equity

Ontario Human Rights Code n n n All legislation in Ontario must be consistent with the Code. If you feel the Code has been violated, you apply to the Ontario Human Rights Commission. Code applies to five areas: n n n Access to services, goods, facilities Accommodation Right to contract Employment Occupational associations

Ontario Human Rights Code n In regards to services, goods and facilities, it prohibits discrimination based on: n n n n Race Ancestry Place of origin Colour Ethnic origin Citizenship Creed Sexual orientation Age Marital status Same-sex partnership status Disability

Ontario Human Rights Code n For employment, it is expanded to include: n n n Pardoned offences Convictions under provincial law For accommodation, it is further expanded to include receipt of public assistance

Categories of Discrimination n Direct Discrimination: n n Overt, clearly discriminatory Adverse-Effect Discrimination: n Requirement seems neutral, but harms an identifiable group