Ross McBride
How to recognize discrimination, and what to do

How to recognize discrimination, and what to do

QUESTION: What is discrimination?

Discrimination occurs when differential treatment results in a negative
impact. Next, for negative impact to be discriminatory under the law,
it must be tied to a personal characteristic, or your inclusion in a
particular group.

  • Characteristics, or “grounds”, protected by the Ontario Human Rights Code (“Code”) include:
  • Race, ancestry, place of origin, citizenship, colour, or ethnic origin;
  • Sex, sexual orientation, gender identity, or gender expression;
  • Creed;
  • Age;
  • Record of offences;
  • Marital status or family status; and
  • Disability.

The
Code protects you from discrimination in various social areas,
including the provision of goods and services (which includes access to
education), housing, and the workplace.

The
Human Rights Tribunal of Ontario (“HRTO”) is the adjudicative body that
determines whether discrimination has occurred. To start a proceeding
at the HRTO, you must file an application and detail the discrimination
you experienced. In most instances, the HRTO has a one-year limitation
period, meaning you should file your application within one-year from
the alleged experience of discrimination.

Every Canadian has the right to live free from discrimination. If you
have experienced discrimination, explore your options for legal support
by reaching out to a member of the Ross & McBride Human Rights team.

This article was originally published in The Hamilton Spectator

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