Discrimination is any form of unequal treatment based on a Code ground, whether imposing extra burdens or denying benefits. It may be intentional or unintentional. It may involve direct actions that are discriminatory on their face, or it may involve rules, practices or procedures that appear neutral but have the effect of disadvantaging certain groups of people. Discrimination may take obvious forms, or it may occur in very subtle ways.
Harassment is unwelcome comments or actions. It can involve offensive, embarrassing, humiliating, or demeaning comments based on any of the grounds of discrimination.
Accommodation includes modifications provided to enable people to participate fully and equally in various aspects of life. This concept ensures that everyone can access opportunities and environments without facing discrimination. The duty to accommodate is a legal obligation under the Code, which requires organizations and service providers to make necessary accommodations based on a protected ground (such as disability, religion, or other characteristics covered by the Code). This obligation extends to the point of undue hardship, meaning accommodations must be made unless they impose significant difficulty or cost.
Prohibited Grounds of Discrimination
Protected characteristics
Discrimination: treating someone unfavourably based on their age, including in hiring, promotions, or access to services. This includes both younger and older individuals, who may experience barriers or burdens due to age-based stereotypes or biases.
Harassment: Age-related harassment can include repetitive derogatory comments, jokes, or actions that belittle or demean an individual based on their age, such as calling an older employee "over the hill" or a younger employee "inexperienced."
Accommodation: May involve modifying work duties, providing flexible work hours, or other adjustments to accommodate age-related needs.
Discrimination: Unfair treatment based on a person’s familial descent or cultural heritage, affecting opportunities and treatment in various areas.
Harassment based on ancestry can involve derogatory remarks or actions related to a person's cultural background, such as mocking traditional clothing or accent.
Accommodation: Generally not required, but anti-racism and awareness are important to ensure respectful treatment.
Discrimination: Barriers or burdens due to biases in employment, renting, or service provision based on an individual’s citizenship status.
Harassment: may include negative comments about someone's nationality or legal status, such as questioning their right to be in the country or making xenophobic remarks.
Accommodation: may involve assistance with legal paperwork or ensuring understanding of rights and responsibilities.
Discrimination: Differential treatment based on the pigmentation or shade of a person's skin, often linked to stereotypes or prejudices.
Harassment: Color-based harassment includes derogatory remarks or jokes about a person's skin tone, which can perpetuate stereotypes or reinforce colorism, such as comments on someone being "too dark".
Accommodation: Not typically required; focus on awareness and anti-racism.
Discrimination: Denial of opportunities or benefits based on a person’s religious or philosophical beliefs, which impacts areas like employment and service access.
Harassment: Persistent targeted mockery or negative comments about religious practices, symbols, or observances, such as making fun of someone's dietary restrictions or prayer routines.
Accommodation: May require adjustments for religious observances, dietary needs, and clothing requirements.
Discrimination: Involves unfair treatment based on a physical or mental condition, including in employment, housing, and services.
Harassment: This can include repetitive mocking, belittling, or demeaning behaviour toward persons with disabilities.
Accommodation: Requires reasonable adjustments, such as modifying facilities or work duties, to ensure accessibility and inclusion.
Discrimination: Biases and exclusion based on cultural, linguistic, or ancestral background, which affects treatment in various societal areas.
Harassment related to ethnic origin might involve racial slurs, jokes, or stereotypes that demean a person’s cultural background, such as ridiculing cultural traditions or languages.
Accommodation: Generally involves fostering cultural sensitivity and inclusivity practices.
Discrimination refers to unfair treatment based on a person's responsibilities related to a parent-child relationship, such as caregiving duties.
Harassment in this context may include derogatory comments about a person’s role as a caregiver, such as criticizing someone for needing time off to care for a child or elder.
Accommodation: flexible work schedules or leave policies to support family responsibilities.
Discrimination: Involves unfair treatment based on how individuals externally express their gender, including in dress, demeanour, and behaviour.
Harassment includes mocking or hostile behaviour towards how someone expresses their gender, such as making derogatory remarks about a person's clothing or mannerisms that don't conform to traditional gender norms.
Accommodation requires allowing individuals to use preferred facilities or adhere to dress codes aligning with their gender expression.
Discrimination refers to unfair treatment based on a person’s internal sense of gender, which impacts areas such as employment and access to services.
Harassment based on gender identity can include intentional misgendering, derogatory remarks, or refusal to acknowledge a person’s gender identity, creating a hostile environment.
Accommodation involves policies that respect individuals’ gender identity, including pronoun usage and access to appropriate facilities.
Discrimination: Involves biases in employment, services, or other areas based on a person's relationship status, whether single, married, divorced, or in a relationship.
Harassment: Includes comments or behaviour that undermine a person's marital status, such as disparaging remarks about being single, divorced, or in a same-sex relationship.
Accommodation: Recognizing diverse family structures.
Discrimination: Involves unfair treatment based on the geographic location where a person was born or has come from.
Harassment can include derogatory remarks or stereotypes about someone's place of origin, such as making fun of an accent or disparaging a specific region.
Accommodation involves sensitivity to linguistic or cultural differences associated with the place of origin.
Discrimination: Refers to exclusion or differential treatment based on racial characteristics, often linked to broader social and historical contexts.
Racial harassment includes racial slurs, jokes, or other derogatory comments that demean a person’s racial identity, such as using racial epithets or making stereotypical assumptions about abilities or behaviour.
Accommodation: Anti-racism training and inclusive policies.
Discrimination: Involves unfair treatment based on biological and physiological characteristics, including issues related to pregnancy or gender roles.
Sexual harassment includes unwelcome sexual advances, comments, or actions that create a hostile work environment, as well as gender-based harassment that demeans or undermines someone based on their sex.
Accommodation: Policies supporting pregnancy, childbirth, and gender-specific needs.
Discrimination: Bias based on a person’s emotional, romantic, or sexual attraction to others.
Harassment: Harassment includes derogatory remarks, jokes, or behaviours that target someone’s sexual orientation, such as using slurs or making inappropriate comments about someone's relationships.
Accommodation: Fostering an inclusive environment that respects all sexual orientations is important.
