About discrimination
Discrimination is an action, behaviour, decision, or omission that treats a person or a group of people unfairly and badly for reasons linked to personal traits, such as their race, age or disability. These reasons, also called grounds, are protected under the Canadian Human Rights Act.
Discrimination may be intentional or unintentional.
Even rules, practices and procedures that seem harmless can cause discrimination if they have the effect of putting certain groups of people at a disadvantage.
Discrimination can be out in the open (direct). This discrimination is often based on negative attitudes and biases.
Discrimination can also be hidden (indirect). This is the most common kind of discrimination. Indirect discrimination happens when a rule or policy that does not cause a problem for most people has an unfair effect on a person or group that is related to their personal traits.
Grounds for discrimination under the Canadian Human Rights Act
- race
- national or ethnic origin
- colour
- religion
- age
- sex
- sexual orientation
- gender identity or expression
- marital status
- family status
- disability
- genetic characteristics
- a conviction for which a pardon has been granted or a record suspended
Examples of discrimination
There are several ways that a person can experience discrimination. Some examples are:
- A bank has lending rules that make it unreasonably difficult for new immigrants to get loans. This may be a case of discrimination based on two grounds — race and national or ethnic origin
- A person is systematically referred to secondary screening at airports due to the colour of their skin. This may be a case of discrimination based on the ground of colour
- An employer assigns her employees to weekend shifts without recognizing that some employees observe the Sabbath and cannot work on those days. This may be a case of discrimination based on the ground of religion
- An employer's physical fitness requirements are based on the capabilities of an average 25 year old instead of being based on the actual requirements of the job. This may be a case of discrimination based on the ground of age
- A female employee with an excellent performance record announces that she is pregnant. Immediately, her employer begins to identify performance issues that lead to her dismissal. This may be a case of discrimination based on the ground of sex
- A policy provides benefits to some married couples but not to others. This may be a case of discrimination based on two grounds — sexual orientation and marital status
- After having a child, a woman cannot find childcare to continue working overnight shifts, and her employer does not allow flexibility by scheduling her on day shifts. This may be a case of discrimination based on the ground of family status
- An employer requires all employees to have a valid driver's licence. People who cannot drive due to a disability are not given an opportunity to show how they could still perform the job by, for example, using public transit. This may be a case of discrimination based on the ground of disability
- A person is denied a job because of a previous conviction for which a pardon has been granted or a record has been suspended. This may be a case of discrimination based on the ground of pardoned conviction
- Someone is denied a job because they shared the results of their genetic testing with a potential employer. This may be a case of discrimination based on the ground of genetic characteristics
- A policy requires that a person identifies themselves as either male or female. This may be a case of discrimination based on gender identity or expression
Harassment
Harassment is a form of discrimination when it is linked to one or more of the grounds of discrimination under the Canadian Human Rights Act (CHRA). It occurs when someone says or does something that offends or humiliates another person. Usually, the harasser must say or do these offensive things many times, but a serious one-time incident may also be harassment. Harassment can be direct or indirect, obvious or subtle, physical or psychological. It can occur in many ways, such as through spoken words, text, gestures, and images.
Harassment occurs when someone
- makes unwelcome remarks or jokes about your race, religion, sex, age, disability or any other of the grounds of discrimination
- threatens or intimidates you because of your race, religion, sex, age, disability or any other of the grounds of discrimination
- makes unwelcome physical contact with you, such as touching, patting, or pinching
These are some examples of workplace harassment that may amount to discrimination when the following actions are linked to one or more of the grounds listed in the CHRA:
- creating a toxic work environment (e.g. tolerating hostile, insulting or degrading comments or conduct)
- spreading rumours or gossip about an individual or group
- making offensive jokes or remarks
- cyber bullying (threatening, spreading rumours or talking negatively about an individual online)
- threats made in person, by phone, email, or through another medium to a worker (including from individuals unassociated with the workplace, such as a spouse or family member, when the incident occurs during the course of work and/or affects the safety of the workplace)
- persistently criticizing, undermining, belittling, demeaning or ridiculing a person
- unwelcome physical contact
- sexual innuendo or insinuation