Removing the "Canadian experience" barrier
Webinar Information
Removing the "Canadian experience" barrier
April 30, 2014 at 11:00 am
60 minutes
Policy on removing the “Canadian experience” barrier overview and Q&A.
English
employment
A policy primer: Guide to developing human rights policies and procedures
December 2013 - The purpose of this guide is to provide organizations with some practical help for developing effective and fair ways to prevent human rights infringements, and for responding to human rights issues such as harassment, discrimination and accommodation needs. Employers, landlords and service providers all have an obligation to make sure that human rights are respected, and can all benefit from the information provided in this publication.
OHRC releases statement on IBAs and human rights
The Ontario Human Rights Commission (OHRC) is releasing a public statement (attached) clarifying the legitimate status of preferential employment and contracting provisions within Impact and Benefit Agreements (IBAs) under Ontario’s Human Rights Code (the Code). Our position is that the preferential employment and contracting provisions in IBAs are consistent with “special programs” under section 14 of the Code.
Employment and contracting provisions in Impact and Benefit Agreements are special programs under Ontario’s Human Rights Code
February 2014 - Impact and Benefit Agreements (IBAs) are becoming an industry standard for resource development projects that are located on or impact Aboriginal Peoples’ traditional lands and rights. The agreements often contain employment and contracting provisions that give priority for training, hiring and contracting to Aboriginal Peoples.When Aboriginal governments choose to enter into IBAs, the Ontario Human Rights Commission (OHRC) supports developing and implementing preferential employment and contracting provisions in IBAs, to address historical disadvantage and promote substantive equality for Aboriginal Peoples in Ontario.
Your guide to special programs and the Human Rights Code
December 2013 - Under the Code, all organizations are prohibited from treating people unfairly because of Code grounds, must remove barriers that cause discrimination, and must stop it when it occurs. Organizations can also choose to develop “special programs” to help disadvantaged groups improve their situation. The Code and the Canadian Charter of Rights and Freedoms both recognize the importance of addressing historical disadvantage by protecting special programs to help marginalized groups. The Supreme Court of Canada has also recognized the need to protect “programs” established by legislation that are designed to address the conditions of a disadvantaged group.
Employee benefit and pension plans
From: Guide to your rights and responsibilities under the Human Rights Code
Employment may not be denied or made conditional upon enrolment in a benefit or similar plan, which makes a distinction based on a Code ground. The general rule of non-discrimination in employment applies to pension plans, benefit plans and terms of group insurance except where reasonable and genuine distinctions or exclusions are based on age, marital status, family status or sex.
Special employment
From: Guide to your rights and responsibilities under the Human Rights Code
Organizations are generally not allowed to hire in a discriminatory way. However, there are some exceptions. The most common ones are:
Employment [35]
From: Guide to your rights and responsibilities under the Human Rights Code
Job advertisements
Advertisements for jobs should not refer, directly or indirectly, to prohibited grounds of discrimination. For example, an ad that says “We prefer hiring younger people” is not allowed.[36]
Sexual harassment [16]
From: Guide to your rights and responsibilities under the Human Rights Code
Sexual harassment in housing and workplaces
“Harassment” in this section means comments or actions based on sex, sexual orientation, gender identity or gender expression that are unwelcome to you or should be known to be unwelcome. They may include humiliating or annoying conduct. Harassment requires a “course of conduct,” which means that a pattern of behaviour or more than one incident is usually required for a claim to be made to the Tribunal. However, a single significant incident may be offensive enough to be considered sexual harassment.
Employment [6]
From: Guide to your rights and responsibilities under the Human Rights Code
Every person has the right to equal treatment in employment without discrimination based on Code grounds. In Ontario, about three-quarters of all human rights claims come from the workplace.
Employment is used in a very general way in the Code. Employees, independent contractors[7] and volunteers are covered.
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