THE SIXTEEN PROHIBITED GROUNDS FOR DISCRIMINATION

IN THE HUMAN RIGHTS CODE

• RACE—COMMON DESCENT OR EXTERNAL FEATURES SUCH AS SKIN COLOUR, HAIR TEXTURE, FACIAL CHARACTERISTICS

• ANCESTRY—FAMILY DESCENT

• PLACE OF ORIGIN—COUNTRY OR REGION

• COLOUR—ASSOCIATED WITH RACE

• ETHNIC ORIGIN—SOCIAL, CULTURAL OR RELIGIOUS PRACTICES DRAWN FROM A COMMON PAST

• CITIZENSHIP—~MEMBERSHIP IN A STATE OR NATION

• CREED—RELIGION OR FAITH

• SEX—DISCRIMINATION CAN BE SEXUAL IN NATURE, OR BECAUSE OF GENDER OR PREGNANCY. THIS ALSO INCLUDES THE RIGHT TO BREASTFEED IN PUBLIC AREAS OR IN THE WORKPLACE. SEX ALSO INCLUDES THE NOTION OF GENDER IDENTITY

• SEXUAL ORIENTATION—INCLUDES LESBIAN, GAY, BISEXUAL OR HETEROSEXUAL

• HANDICAP— {BROAD CATEGORY} PHYSICAL DISABILITY OR DISFIGUREMENT CAUSED BY INJURY, ILLNESS OR BIRTH DEFECT (INCLUDES DIABETES, EPILEPSY, PARALYSIS, AMPUTATION, LACK OF PHYSICAL COORDINATION, BLINDNESS OR VISUAL IMPAIRMENT, DEAFNESS OR HEARING IMPAIRMENT, MUTENESS OR SPEECH IMPAIRMENT AND RELIANCE ON A GUIDE DOG, WHEELCHAIR OR OTHER REMEDIAL DEVICE); LEARNING DISABILITY OR ANY DYSFUNCTION IN THE ABILITY TO UNDERSTAND OR USE SYMBOLS OR SPEECH, DEVELOPMENTAL DISABILITY, PSYCHIATRIC DISABILITY OR AN INJURY OR DISABILITY FOR WHICH BENEFITS WERE CLAIMED OR RECEIVED UNDER THE WORKPLACE SAFETY AND INSURANCE ACT, 1997

• AGE—L 8-65 YEARS (EMPLOYMENT); 16+ YEARS (ACCOMMODATION); 18+ YEARS (ALL OTHER AREAS)

• MARITAL STATUS—INCLUDING COHABITATION, WIDOWHOOD, SEPARATION

• FAMILY STATUS—THE PARENT/CHILD RELATIONSHIP

• SAME SEX PARTNERSHIP STATUS—THE STATUS OF LIVING WITH A PERSON OF THE SAME SEX IN A CONJUGAL RELATIONSHIP OUTSIDE MARRIAGE.

• RECORD OF OFFENCES—PROVINCIAL OFFENCES OR PARDONED FEDERAL OFFENCES (IN EMPLOYMENT)

• RECEIPT OF PUBLIC ASSISTANCE—IN HOUSING ONLY

EXCEPTIONS TO THE PROHIBITED GROUNDS{?}

THERE ARE SOME EXCEPTIONS TO THESE PROHIBITED GROUNDS IN THE AREA OF EMPLOYMENT, SUCH AS:

• AN ORGANIZATION THAT SERVES A GROUP PROTECTED BY THE CODE, SUCH AS RELIGIOUS, EDUCATIONAL OR SOCIAL INSTITUTIONS SERVING ETHNIC GROUPS, PEOPLE WITH DISABILITIES, RELIGIOUS GROUPS, ETC, MAY CHOOSE TO EMPLOY ONLY MEMBERS OF THAT GROUP;

• AN EMPLOYER MAY CHOOSE TO HIRE OR NOT HIRE, OR TO PROMOTE OR NOT PROMOTE HIS OR HER OWN SPOUSE, CHILD OR PARENT OR THE SPOUSE, CHILD OR PARENT OF AN EMPLOYEE,

• AN EMPLOYER MAY DISCRIMINATE ON THE BASIS OF AGE, SEX, RECORD OF OFFENCES OR MARITAL STATUS IF THESE ARE GENUINE REQUIREMENTS OF THE JOB. FOR EXAMPLE, A SHELTER FOR BATTERED WOMEN MAY CHOOSE TO HIRE ONLY WOMEN AS COUNSELLORS; A CLUB MAY ONLY HIRE MALE ATTENDANTS TO WORK IN THE MEN’S LOCKER ROOM; OR A CHILD CARE FACILITY MAY REFUSE TO HIRE SOMEONE CONVICTED OF CHILD MOLESTING ON THE GROUND THAT THE HIRING WOULD POSE A SAFETY RISK TO THE CHILDREN. IN SUCH INSTANCES, THE EMPLOYER MUST CONSIDER WHETHER ANY ACCOMMODATION CAN BE MADE TO ENABLE THAT PERSON TO WORK IN THE POSITION.