Why discriminate people

Example: A White employee is refused a promotion because she has a close friendship with a Black employee. Example: A parent of a child with a severe disability is fired after missing work too many times to deal with medical emergencies. In some cases, discrimination is subtle or covert. Intent or motive to discriminate is not a necessary element for a finding of discrimination — it is sufficient if the conduct has a discriminatory effect.

Subtle forms of discrimination can often only be detected after looking at all of the circumstances. Individual acts themselves may be ambiguous or explained away, but when viewed as part of the larger picture, may lead us to think that discrimination based on a ground in the Code was a factor in how the person was treated.

Example: A woman is one of four people granted job interviews, from a pool of several dozen people who sent in resumes by mail. When she appears in person, the interviewer seems surprised and uncomfortable, does not make eye contact, and seems to hurry through the interview.

The woman feels that the interviewer assumed that she was a lesbian based on aspects of her gender presentation, such as her hairstyle and clothing.

She later learns that she did not get the position, but the company does not explain its decision. Example: A Black vice-principal repeatedly tried to get promoted to the position of principal. It can be hard to determine if subtle discrimination is a factor in such situations. You may need to investigate and analyze the total context of the alleged behaviour, comment or conduct. This would include thinking about evidence that compares how others were treated in a similar situation, or evidence that a pattern of behaviour exists.

Discrimination based on a Code ground may be found even if there were other legitimate reasons for decision or treatment, as long as it was one of the factors. The following types of treatment in employment may indicate subtle discrimination based on the Code :. Discrimination may be found to occur even when there has been no overt or implied reference to a Code ground. However, if comments linked to a Code ground are made, they can be further evidence that discrimination has been a factor in the way someone is treated.

Similarly, a finding of discrimination may be made when someone makes negative comments about a person advocating for human rights protections or equitable treatment. One of the more complex forms of discrimination is systemic or institutional discrimination. Systemic discrimination refers to policies or practices that appear to be neutral on their surface but that may have discriminatory effects on individuals based on one or more Code grounds. Example: A small company is proud of its intensive team-building approach.

People who do not attend these events are less successful at building the internal networks that lead to promotions. Employees who are female, single, gay or lesbian may not feel welcome at these events. People who have care-giving responsibilities after work or who use mobility aids, such as wheelchairs, would likely not be able to attend these events. Systemic discrimination can overlap with other kinds of discrimination, such as harassment, and may arise from stereotypes and biases.

The definition of systemic discrimination used by the Commission includes the following three elements:. People can experience systemic discrimination differently based on the intersection of various grounds of discrimination, such as gender, disability, place of origin, and so on.

In the example above, a racialized or single woman with a disability would be at a triple disadvantage. Use these three elements as a basis for actively monitoring for systemic discrimination and measures to address it. Workplace rules, policies, procedures, requirements, qualifications or factors may not be openly discriminatory, but they may create barriers to achievement and opportunity.

This kind of discrimination is specifically prohibited under section 11 of the Code. If the rule is not inclusive and does not accommodate individual differences to the point of undue hardship, it is discriminatory. Example: A workplace introduces a new attendance management program that allows employees to take six days off per year.

The program provides for disciplinary sanctions, up to and including termination, for each extra absence, regardless of the reason. Although this program is applied equally to all employees, it has not been inclusively designed and does not take into account the need to accommodate differences between employees due to family status, disability or other Code grounds. As a result of this test, the rule or standard itself must be inclusive and must accommodate individual differences up to the point of undue hardship.

It is not enough to keep discriminatory standards and supplement them by accommodating people who cannot meet them. This ensures that each person is assessed according to his or her own personal abilities, instead of being judged against presumed group characteristics.

Every person has a right to claim and enforce his or her rights under the Code , or start or take part in proceedings under the Code without reprisal or threat of reprisal. These protections are provided in sections 7 3 and 8 of the Code. Reprisals for a claiming or enforcing a human right, b refusing to discriminate directly or indirectly, or c rejecting sexual advances or solicitations are violations of the Code.

The protections from reprisal apply to complainants, witnesses, advisors, representatives of complainants and witnesses, investigators and decision-makers or management who support a person raising human rights issues.

People are protected from reprisal when they file a formal human rights claim. They are also protected when a person exercises rights available under the Code or under an employer's internal human rights policies. Employees should be able to raise human rights issues and have them dealt with fairly.

They should not be punished for having done so. Employees who seek accommodation related to grounds such as creed, disability or family status should not be treated as less valuable or less committed to their work as a result. The following situations would be viewed as reprisal contrary to the Code :. Example: An employee believes that he was not promoted in his job because of his race.

He tells his manager that he will contact a lawyer to see about filing a human rights claim. The next day he is fired. Example: An employee quits her job after finding a new one and making a sexual harassment complaint under the Code against her former employer. She discovers that her previous employer contacted her new employer and made negative comments about her because of her complaint.

Example: An employee believes that he was given an unfair performance appraisal and passed over for skills upgrade training because he is older than other workers in his department. After he launches an internal complaint, he is demoted and transferred to another department. Example: A teacher gets part-time work to balance her caregiving responsibilities with her work.

It is also a contravention of the Code to take reprisal or retaliate against someone who refuses to follow instructions to discriminate against another person, or who helps someone to enforce their rights under the Code. Example: Women in a company approach a manager in the human resources department with allegations of sexual harassment by the president. This may be found to be reprisal. Subsection 5 2 of the Code states that: Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, record of offences, marital status, family status or disability.

Harassment on any of the Code grounds can amount to discrimination. Although not directly mentioned in section 5 2 , harassment because of sexual orientation has been found to be a form of discrimination based on sexual orientation that is a violation of the Code. She was exposed to harassment based on both race and sex because she was a young woman the employer could assert economic power and control over.

His comments arose from racist assumptions about the sexuality of Black women. This definition, set out in subsection 10 1 of the Code , includes both subjective and objective elements:.

The person being harassed does not need to object to the harassment for there to be a violation of the Code. Some persons who are being harassed do not object because they are afraid of what will happen if they speak out.

Sometimes people respond by becoming angry, using strong language or becoming emotional. Many people being harassed try to cope by playing along or responding the same way in return. These are all common ways for a harassed employee to keep some form of personal power in a vulnerable situation, to regain favour or just to get by. Discrimination on these grounds is against the law in a number of areas of public life, including: employment, education, getting or using services or renting or buying a house or unit.

Some limited exceptions and exemptions apply. Employers have a legal responsibility to take all reasonable steps to prevent discrimination on these grounds. Employers can also be liable for the discriminatory acts of their employees. Formal processes for handling issues of discrimination can be very different depending on where and when the discrimination occurs.

It's not always easy to find the right place to start. Our 'What's on your mind? What is discrimination? Common reasons that people are discriminated against: their sex or gender if they have any kind of disability their race their age their sexual preferences. Some examples of discrimination: someone saying hurtful things or attacking you repeatedly being made fun of being excluded or left out having a group of people gang up on you being made to do hurtful or inappropriate things being threatened finding yourself having to defend who you are and what you believe against stereotypes and untrue claims.

Discrimination is often linked with bullying People who negatively discriminate often behave in a way that is intended to disturb or upset the other person.