Ontario Human Rights Code

Age is defined as being 18 years or older, (16 or older in housing if you have withdrawn from parental control). Within it is the term 'ageism' refers two concepts:

1. A socially constructed way of thinking about older persons based on negative attitudes and stereotypes about aging; and

2. The tendency to structure society based on an assumption that everyone is young, thereby failing to respond appropriately to the needs of older persons. 

For example, the refusal to interview a qualified 58-year-old applicant for an administrative position because the hiring committee assumes that an older employee will be less comfortable with technology or will likely retire soon. Treating the applicant differently because of their age may constitute age discrimination under the Ontario Human Rights Code.

Ancestry refers to the lineage from whom a person is descended. A person's ancestry may originate from more than one cultural group. It is determined through the lineage of our parents through their parents, and so on.

For example. A student is repeatedly excluded from a school leadership opportunity because staff make negative assumptions about the student based on the cultural background of their parents or grandparents. Treating the student differently because of their family lineage may constitute discrimination based on ancestry under the Ontario Human Rights Code.

Citizenship is defined as being a member of a particular country and having rights because of such membership. A person can either be Canadian citizens by “birth" or through " naturalization" (i.e., immigrated to Canada and has become a Canadian citizen). Canadian born and naturalized citizens are equally entitled to the rights of a citizen, and subject to the duties of a citizen.

Colour refers to a person’s skin colour or shade and is often associated with race. Discrimination based on colour can occur between people who are perceived to be of the same race or ethnic community. This is sometimes referred to as colourism and may involve treating a person less favourably because their skin tone is darker or lighter. For example, students from the same racial group may exclude, ridicule or treat another student unfairly because of that student’s darker skin tone. If school staff know or ought reasonably to know about this conduct, the school board has a responsibility to respond appropriately and maintain a learning environment free from discrimination and harassment.

Creed refers to religious beliefs or faith practices. It may also include non-religious belief systems that substantially influence a person's identity, worldview and way of life. Creed protections are based on a person's sincerely held and personal understanding of their creed. A person does not need to show that their belief is an essential element of their creed, or that it is recognized by others of the same creed. However, creed does not include secular, moral or ethical beliefs or political convictions. It also does not include religions that incite hatred or violence against other individuals or groups.

Disability refers to the interaction between persons with a health condition and barriers within society. Barriers to accessibility include attitudinal, physical and communication barriers. A disability may be present at birth, caused by an accident, or developed over time. Disability can also be permanent, temporary, situational, or episodic. Disability should be understood as diverse abilities or different ways in which a person experiences the world. In the case of a student with a disability, denying participation or imposing a penalty without properly considering accommodation could raise concerns under the disability ground in the service area of the Ontario Human Rights Code.

Ethnic origin refers to a person’s connection to a community with a shared cultural and historical background. It may include language, traditions, customs, religion, geographic roots or collective history. Ancestry focuses on family lineage and where a person’s relatives came from. In simple terms, ancestry concerns descent, while ethnic origin concerns cultural and community identity. The grounds may overlap, but they are not the same. For example, a student may have ancestors from one country but identify with another ethnic community through family traditions and lived experience. Unfair treatment based on those practices or that identity may constitute discrimination based on ethnic origin under the Ontario Human Rights Code.

Family status refers to the relationship between a parent and child, including responsibilities connected to caring for a child or an aging parent. Discrimination occurs when a person is treated unfairly because of that relationship or those caregiving responsibilities. Family status does not refer to social class, income level, family reputation or the type of household in which a person lives. For example, a school board may need to consider accommodation when an employee cannot meet a scheduling requirement because it conflicts with a significant caregiving responsibility for their child and no reasonable alternative is available. Refusing to consider the request because the employee is a parent may raise concerns under the Ontario Human Rights Code.

Gender expression is how a person publicly presents their gender. This can include behaviour and outward appearance such as dress, hair, makeup, body language and voice. A person’s chosen name and pronouns may also be ways of expressing gender. For example, a student is excluded from a school activity or repeatedly disciplined because their clothing, hairstyle or mannerisms do not conform to expectations associated with their perceived gender. Treating the student unfairly for this reason may constitute discrimination based on gender expression under the Ontario Human Rights Code.

Gender identity is each person’s individual sense of self as it relates to being female, male, both, neither, nor anywhere along the gender spectrum. A person’s gender identity may be different from the sex they were assigned at birth. For example, a school refuses to use a student’s chosen name and pronouns or prevents the student from using facilities that correspond with their gender identity. Treating the student unfairly for this reason may constitute discrimination based on gender identity under the Ontario Human Rights Code.

Marital status refers to whether a person is single, married, separated, divorced, widowed or living with a partner in a conjugal relationship. It includes same sex and opposite sex relationships. A person cannot be treated unfairly because of their marital status or their spouse or partner. Unlike family status, marital status does not concern a parent and child relationship. For example, a school board should not deny an employee a promotion because their spouse previously disagreed with the board. This may constitute discrimination based on marital status under the Ontario Human Rights Code.

Place of origin refers to the country, region, province, territory, city or community where a person was born or previously lived. It can also include a place that others believe a person comes from. It is different from citizenship, which concerns legal membership in a country, and from ancestry or ethnic origin, which concern family lineage and cultural identity. These grounds may overlap. For example, a student who recently moved from another country is excluded from a school activity because staff assume that students from that country will not understand Canadian customs. This may constitute discrimination based on place of origin under the Ontario Human Rights Code.

Race is a socially constructed way of grouping people based on perceived shared characteristics, such as ancestry, skin colour, facial features, eye shape, and hair colour or texture. Racial discrimination occurs when a person is treated unfairly because of their actual or perceived race. Racism is a broader concept that includes beliefs, attitudes, practices, and systems that disadvantage people based on race or ethnicity. It is connected to power and may operate through individual conduct or through policies and practices that directly or indirectly favour one racial group over another.

Receipt of public assistance is a protected ground that applies only to housing. It protects people from discrimination because they receive income or financial support through a government program, such as Ontario Works, the Ontario Disability Support Program or Old Age Security. For example, a landlord cannot refuse to rent to someone solely because part or all of their income comes from public assistance. Housing providers must ensure that their rental practices and housing environments are free from discrimination and harassment.

*Note: This Code ground does not apply to KPR and is included as general information.

Record of offences is a protected ground that applies only to employment. An employer cannot discriminate against an employee or applicant because they were convicted of a provincial offence or convicted of a federal offence for which they received a pardon or record suspension. This protection applies to convictions, not to situations where a person has only been charged with an offence.

*Note: This Code ground does not apply to KPR and is included as general information.

Sex refers to a person’s sex characteristics and includes protections related to pregnancy and breastfeeding. Discrimination based on sex may occur when a person is treated unfairly because they are female, male or intersex, or because of assumptions connected to their sex. The Code also protects people from sexual harassment and other forms of discrimination of a sexual nature. For example, a school board cannot treat an employee unfairly because they are pregnant or prevent them from breastfeeding or expressing milk in an appropriate workplace area.

Sexual orientation is a personal characteristic that forms part of each individual. It covers the range of human sexuality including lesbian, gay, bisexual, heterosexual, two-spirited and questioning orientations, among others. Sexual orientation is different from Code grounds of gender identity. The terms 'homophobia' and heterosexism' are sometimes used to describe prejudice relating to sexual orientation. They refer to the assumption that heterosexuality is superior and the normal or moral expression of sexuality.