Have you experienced discrimination and/or harassment?
Have you been treated unfairly, harassed or been retaliated against because of one or more personal characteristics listed in Ontario’s Human Rights Code? It could be due to your race or age, or your association with someone because of their personal characteristics such as your spouse’s race or disability (see below for full list).
In some cases, such as anti-Indigenous discrimination, there may be several overlapping grounds (such as creed, ancestry, race, colour, or place of origin). Please visit our Indigenous Services page, dedicated to providing legal advice and support services for anti-Indigenous discrimination for more information on this specific topic.
The Code recognizes each of the personal characteristics listed below as a discriminatory reason or ground for treating a person differently or unfairly:
Age
A prohibited ground of discrimination in the Code. Age is defined in section 10(1) of the Code as an age that is eighteen (18) years or more.
Colour
A prohibited ground of discrimination not defined in the Code. A person’s skin colour can be seen as a physical feature that is commonly racialized. Colour is a ground that may also be encompassed by the concept of race.
Race
A prohibited ground of discrimination in the Code that is not defined. Notions of race continue to exist in society and create differences among groups thereby marginalizing some people in society. Race remains a potent force in society. Individuals may have prejudices related to people or characteristics that are racialized.
Ancestry
A prohibited ground of discrimination in the Code. An ancestor is someone a person is descended from and is usually more distant than a grandparent. One’s ancestry may originate from more than one cultural group.
Citizenship
A prohibited ground of discrimination undefined in the Code. It is illegal for employers to make distinctions between Canadian citizens, citizens from other countries, persons with dual citizenship, landed immigrants or permanent residents, refugees and non-permanent residents.
Ethnic Origin
A prohibited ground of discrimination not defined in the Code. Ethnic origin relates to large groups of people classed according to common racial, national, tribal, religious, linguistic or cultural origin or background. Ethnic groups may be distinguished based on cultural traits such as language or shared customs and heritage around family, food, dance and music.
Place of Origin
A prohibited ground of discrimination not defined in the Code. People should not be discriminated against or harassed because they are from outside Canada. The Code may even cover people from a particular place within Canada. A person’s place of origin is often related to other grounds in the Code, such as ethnic origin or race.
Creed (religion)
A prohibited ground of discrimination not defined in the Code. It is interpreted to mean a “religious creed” or “religion.” It includes faith, beliefs, observances or worship. The key test for the existence of a creed-based right is if the beliefs and practices are sincerely held and/or observed. Creed does not include secular, moral or ethical beliefs or political convictions.
Sex (includes pregnancy and sexual harassment)
A prohibited ground of discrimination under the Code, not specifically defined. It is generally considered to be related to a person’s biological sex, male or female but also includes a broader notion of gender, or social characteristics attributed to each sex.
Includes:- Sexual harassment: A form of Code-based harassment. Behavior characterized by the making of unwelcome and inappropriate sexual remarks, conduct or physical advances, often in a workplace setting; and
- Pregnancy: The right to equal treatment without discrimination includes where a woman is, was or may become pregnant, or because she has had a baby. Pregnancy is a characteristic that is linked to a woman’s sex, and discrimination because of pregnancy is discrimination based on sex.
Gender Expression
A prohibited ground of discrimination not defined in the Code. Closely linked to the ground of gender identity. Personal characteristics associated with gender identity include self-image, expression, behaviour and conduct.
Gender Identity
A prohibited ground of discrimination not defined in the Code. Gender identity is linked to a person’s intrinsic sense of self, particularly the sense of being male or female. Gender identity may not conform to a person’s birth-assigned sex. A person’s gender identity is different from and does not determine their sexual orientation.
Sexual Orientation
A prohibited ground of discrimination in the Code, not specifically defined. Sexual orientation is a personal characteristic that forms part of an individual’s core identity and encompasses the range of human sexuality. Sexual orientation may include attraction to the same gender (homosexuality), a gender different than your own (heterosexuality), both men and women (bisexuality), all genders (pansexual), or neither (asexuality).
Family Status
A prohibited ground of discrimination defined in section 10(1) of the Code as being in a parent and child relationship. Family status protects non-biological parent-and-child relationships, such as families formed through adoption, stepparent relationships, foster families, non-biological gay and lesbian parents and all persons who are in a parent-and-child-type relationship.
Marital Status
A prohibited ground of discrimination in the Code defined in section 10(1) as the status of being married, single, widowed, divorced or separated and includes the status of living with a person in a conjugal relationship outside of marriage or common-law relationship. Equal protections under the Code apply to common-law, same-sex and opposite-sex relationships.
Record of offences (employment only, must have been pardoned)
A prohibited ground of discrimination under the Code but only in the social area of employment. Record of offences is narrowly defined in subsection 10(1) of the Code to mean a conviction for an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or an offence in respect of any provincial enactment. This provision applies to convictions only, and not to situations where charges only have been laid.
Receipt of social assistance (housing only)
A prohibited ground of discrimination in the Code but only with respect to the social area of housing. In Ontario, receipt of public assistance includes the Ontario Student Assistance Program, Ontario Disability Support Program and Ontario Works. See section 2 of the Code.
Disability (includes perceived disability)
The definition of disability in section 10(1) of the Code is very broad and includes any degree of physical, developmental, mental or learning disability. While the Code sets out various types of conditions, the list does not refer to every type of disability that is covered. Section 10(3) of the Code specifically protects persons who have had a disability in the past, as well as people who are believed to have, or have had a disability.
Have you experienced discrimination based on any of the above criteria?