DIRECT DISCRIMINATION

Occurs when the employer directly discriminates against an employee or group of employees protected by the Code. For example, the employer refuses to hire female firefighters, or workers from a particular ethnic background.

INDIRECT DISCRIMINATION

Occurs when the discrimination is carried out indirectly, through another person or means. For example, if an employer uses age—i.e. if the employer prefers younger candidates (such as those under the age of 30)—as one of the criteria of hiring for custodian positions, this practice would screen out other qualified applicants unfairly.

DISCRIMINATION BY ASSOCIATION

Occurs when one or more people are discriminated against because of their relationship to, or association with, someone identified by a prohibited ground. For example, refusing to allow an employee to sit on a committee because his partner filed a grievance against the employer.

CONSTRUCTIVE OR ADVERSE EFFECT DISCRIMINATION

Occurs when policies and practices (including job requirements and qualifications) that on the surface appear neutral have an adverse impact on an individual or group of individuals who can be identified by a ground in the Code. For example, minimum height and weight requirements for certain jobs that end up excluding a disproportionate number of women. Or, a simple set of stairs that exclude persons in wheelchairs from accessing a job.

DISCRIMINATION THROUGH REPRISAL

Under the Code, everyone has a right to make a complaint without punishment or fear of being punished. It is against the Code to punish someone who refuses to follow directions to discriminate against another person. For example, you cannot punish a manager who refuses instructions to hire only men for certain physically demanding positions.