Ontario Human Rights Code: Protected Grounds Explained

The Ontario Human Rights Code: Overview

The Ontario Human Rights Code is quasi-constitutional legislation that prohibits discrimination and harassment in five "social areas": employment, accommodation (housing), services, contracts, and membership in vocational associations. Discrimination in any of these areas based on a protected ground is prohibited and can give rise to an application to the Human Rights Tribunal of Ontario (HRTO).

The Protected Grounds

• Race, colour, ancestry, ethnic origin — broad protection against racial discrimination in all its forms
• Place of origin, citizenship — protecting immigrants and those from other countries
• Creed (religion) — protecting religious practices and beliefs, including the requirement to accommodate religious observances (e.g., days of rest, dress requirements)
• Sex — including pregnancy and breastfeeding
• Sexual orientation — protecting gay, lesbian, and bisexual persons
• Gender identity, gender expression — protecting trans and non-binary persons
• Disability — covering physical, mental, and perceived disabilities and requiring accommodation to the point of undue hardship
• Age — protects persons 18 and older in employment; all ages in most other social areas
• Marital status, family status — protecting persons who face discrimination because of their family responsibilities or relationship status
• Receipt of public assistance — in housing only
• Record of offences — protecting persons with a pardoned criminal record in employment

Duty to Accommodate

One of the most practically significant aspects of the Code is the duty to accommodate. Employers, landlords, and service providers have an obligation to accommodate a person's needs related to a protected ground to the point of "undue hardship." Factors in assessing undue hardship include cost, health and safety considerations, and the overall financial impact on the organization.

Filing an HRTO Application

Applications must be filed within one year of the last act of discrimination. The HRTO provides mediation services and, if mediation fails, holds a formal hearing where both parties present evidence and a tribunal member makes a binding decision.