The Ontario Human Rights Code
The Ontario Human Rights Code sets out every person’s right to equal treatment with respect to
employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin,
citizenship, creed, sex (including pregnancy), sexual orientation, gender identity, gender expression, age,
record of offences, marital status, same-sex partnership status, family status, or disability.
The Code also sets out every person’s right to equal treatment without discrimination related to
prohibited grounds with respect to services, membership in a trade union, occupational association or
self-governing profession, contracts, and accommodation.
Harassment
Harassment is a form of discrimination encompassing a wide range of comment or conduct, and
is prohibited under the Ontario Human Rights Code. Section 10 of the Code defines harassment as
“engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to
be unwelcome.” The Code also ensures that every person who is an employee has a right to freedom from
harassment in the work place 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.
Examples of behaviour that have been found to constitute harassment include:
O remarks or jokes about race, religion, sexuality, disability, etc.;
O verbal threats, intimidation, abuse;
O displaying offensive pictures or posters;
O subjecting an individual to pranks, practical jokes, or ridicule; and
O physical assault.
It is important to distinguish between harassment on the basis of a prohibited ground and general
unpleasant treatment in the workplace. The latter is not covered by the Ontario Human Rights Code.
However, if a board policy or your collective agreement goes beyond the prohibited grounds set out in
the Code, other types of harassment may be addressed through the grievance procedure. For example, a
board policy or collective agreement could prohibit personal harassment, or abuse of authority.
While many members may feel “harassed” by their principals when they are overly scrutinized or given
onerous workloads, harassment in this form is not covered by the Code and can be more difficult to
prove. Contact ETFO staff in professional relations to discuss possible solutions for resolving these types
of situations.
Duty to Accommodate
The right to equal treatment is accompanied by the “duty to accommodate” with respect to prohibited
grounds under the Ontario Human Rights Code. Employers, for example, must take steps to eliminate the
consequences of any general workplace practices or rules that have the effect of being discriminatory. In
other words, an employer’s obligation to treat employees in a non- discriminatory fashion will not necessarily
mean treating them the same. Special equipment may need to be provided for an employee with a disability.
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