The Canadian Human Rights Act deals with discriminatory behaviour in its various forms:
• differential treatment of an individual or a group of individuals based on a prohibited ground;
• all forms of harassment;
• systemic discrimination—a seemingly neutral policy or practice which in fact is discriminatory; and
• retaliation.
The following are examples:
Employment
A person cannot be denied a job because of a disability that does not affect job performance or that can be accommodated.
Employment applications and advertisements
Federally regulated employers cannot include requirements that are not clearly related to the job, such as previous Canadian experience.
Equal pay
A job performed mostly by women cannot be paid less than a job of equal value done mostly by men. Examples of jobs that might be of equal value are nursing assistants and electricians, or secretaries and maintenance staff.
Employee organizations
Due to provisions in certain collective agreements, some unions enjoy a monopoly on referring job applicants to employers. It is a discriminatory act for such unions to exclude designated group candidates as referrals.
Provision of goods and services
A bank cannot ask a married woman for her spouse’s signature when applying for a loan.
Accommodation
An individual unable to work certain days for religious reasons may not be denied employment unless the employer can demonstrate that it would cause undue hardship.
Discriminatory notices
A poster that encourages discrimination is illegal.
Hate messages
Internet and pre-recorded telephone hate messages are forbidden.
Harassment
Making demeaning comments because of the person’s colour, ethnic origin, age, disability, sex or any of the grounds in an employment or service situation is prohibited under the Act.
Retaliation
An employer cannot fire an employee because he or she has filed a human rights complaint.
You should not be afraid of someone getting back at you if you file a complaint with the Commission or act as a witness in an investigation. The Commission can investigate and deal with complaints of retaliation against a person who files a complaint. It may also be a criminal offence to threaten, intimidate or discriminate against a complainant or witness.
Exceptions
The Act provides for exceptions such as:
Bona fide occupational requirement
A job may be refused to a person who cannot perform it safely, efficiently and reliably.
Bona fide justification
A service may be refused to a person when it cannot be offered without undue costs.
Equal pay guidelines
A difference in wages between men and women performing work of equal value in an establishment may be justified by different performance ratings, seniority, red-circling, training and rehabilitation assignments, internal labour shortages and surpluses and regional wage rates.
Maternity and child care
An employer can grant workers special leave or benefits in connection with pregnancy or childbirth, or for the care of their children.
Mandatory retirement
A worker can be retired at the age that is “normal” for the kind of work involved.
Age guidelines
Lower transportation fares are permitted for children and senior citizens.