A

Accommodation (in employment)

To take action to remove barriers to equality. To eliminate non-essential job requirements and to adapt or adjust existing job requirements or conditions, in order to enable a person to carry out the essential duties of an activity or job.

An employer must, for example, make the workplace physically accessible or otherwise enable its employees to perform the essential job duty, unless such accommodation would cause undue hardship (see “undue hardship” in this Glossary). For the employee who is blind, accommodation could mean providing a voice synthesizer on a computer; for other protected groups, it could mean altering a dress code or changing shift work to accommodate employee’s individual religious practices.

Adverse impact

Discrimination which arises when an employer, service provider or property manager for genuine business reasons adopts a rule or standard which appears to be neutral, and which will apply equally to all, but which has a discriminatory effect on a particular group protected by the Code. It is discriminatory in that it imposes, because of some special characteristic of that group, obligations, penalties or restrictive conditions not imposed on other members of society.

B

Bias

A predisposition to view a group based on prejudice. Negative bias towards members of a group can be expressed through language, published materials and other communications and practices.

Bigotry

A form of hatred. An irrational and deep-rooted intolerance of others because of their creed, colour, nationality, race, gender, sexual orientation or other prohibited ground of discrimination.

Board of inquiry/tribunal

Where the Commission does not effect a settlement of the complaint and it appears to the Commission that the procedure is appropriate and the evidence warrants an inquiry, the Commission may refer the subject-matter of the complaint to the board of inquiry.

The board of inquiry is an independent body, separate from the Commission. It is responsible for reviewing and making a decision on a complaint. Members of the board of inquiry are not government or Commission employees. They are appointed by the Lieutenant Governor.

C

Complainant

Any party who makes a complaint.

Compliance

Any employee who is found to have violated this Harassment and Discrimination Prevention Policy may be disciplined according to the severity of the actions, up to and including dismissal.

Confidentiality

If you report an incident of harassment, or ask for help on a question of harassment, you are entitled to confidentiality within certain limits.

If you request confidentiality, you will be advised that the employer may need to conduct an investigation. Those involved will need to be interviewed. Confidentiality will be protected where possible. Some people may “need to know”. In such cases these people will be asked to keep matters confidential where possible. If the issue later goes to the Human Rights Tribunal, requests for confidentiality may not be able to be honoured at the future time if personnel files are demanded, or if employees are interviewed by lawyers, etc. Otherwise, access to personnel files on the issue can and should be limited to a “need to know basis”.

The employer will make every effort to ensure confidentiality for employees involved in harassment and discrimination complaints or incidents. Confidentiality extends to all records relating to complaints, including but not limited to meetings, interviews and investigation results. Breaches of confidentiality may be subject to appropriate disciplinary action. Complainants, respondents and witnesses will be advised to maintain confidentiality concerning complaints or incidents. Any record of discipline which occurs as a result of a complaint will be included in the disciplined employee’s file. However, all records are subject to the provisions of the Freedom of Information and Protection of Privacy Act and may be subject to disclosure under the Act or to a court of law.

The rules of procedural fairness govern all activities occurring under the human rights policy.

Constructive discrimination

Occurs when a seemingly neutral requirement has an adverse impact on a group protected under the Human Rights Code.

D

Direct discrimination

Refers to an act of discrimination which is overt. A refusal to provide service to someone based upon his or her membership in one of the protected groups would be direct discrimination.

Disability

Includes any real or perceived physical disability, infirmity, malformation or disfigurement caused by bodily injury, birth defect or illness; includes developmental and learning disabilities, mental disorders, and injuries covered by WSIB (in Ontario) or workers’ compensation. Examples of disability include (but are not limited to): epilepsy, birth defects, diabetes, blindness (including use of a guide dog), deafness, psychiatric illness.

Discrimination

Discrimination means differential treatment of an individual or group of individuals based, in whole or in part, on one or more of the prohibited grounds of discrimination, which thus has an adverse impact on those individuals or groups. Discrimination may be intentional or unintentional, and is rooted in prejudice

E

Equal treatment

Not the same thing as “treating everyone the same.”

It is important to understand that equal treatment is not synonymous with identical treatment. For example, a set of stairs treats everyone identically, except that it denies equality of treatment to persons who, by virtue of disability, cannot use them. It is thus easy to see how accommodation of individuals to allow them the opportunity to participate equally in society is an indispensable feature of equal treatment. This concept of accommodation applies not just to disability, but to all prohibited grounds of discrimination. Equal treatment is only achieved after barriers to equality have been removed.

Essential duties

Those duties and requirements essential for the performance of the job. For example, if a person applies for a position as a lawyer, it may not be “essential” that she or he operate a photocopier. However, if that person applies for a job in a copy shop, that duty may be “essential”. If an employee cannot perform the essential duties of the job, the employer must make efforts to accommodate the employee, short of undue hardship.

Ethnic group

A group of people sharing common and distinctive racial, national, religious, linguistic, or cultural characteristics. Ethnic groups may reside primarily in one country or region, or may be more widely dispersed among a number of nations. Ethnic origin is the ground cited under human rights law when one is discriminated against because of their ethnic background.

F

Frivolous

Characterized by a lack of seriousness or sense; of little or no weight, worth or importance, not worthy of serious notice.

H

Harassment

The definition of harassment used in the Ontario Human Rights Code and Occupational Health and Safety Act is essentially identical: “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome”.

Harassment is any comment or conduct towards another which is intimidating, annoying, hurtful, or malicious. Harassment is persistent, uncalled for and unwelcome. Although harassment is usually a “course” of conduct, a single egregiously offensive comment or act may be considered harassment as well.

Harassment not based on prohibited grounds of discrimination occurs as well, and Quebec, Ontario, Saskatchewan and British Columbia have moved to prohibit personal harassment in the workplace.

Homophobia

Irrational fear and negative attitudes, feelings and beliefs about homosexuality. Homophobia can range from hatred and extreme fear of gay men and lesbians to feelings of disquiet or discomfort.

I

Indirect discrimination

Discrimination by way of a third party. An example would be an employment agency that agrees to screen applicants for an employer using criteria prohibited under human rights law.

M

Management staff

Any individual responsible for directing the work of others, Supervisors, and team leaders. These individuals are considered a part of the “directing mind” of the organization and the employer could be held liable by a court or tribunal if these individuals violate the Code themselves or do nothing to prevent and stop harassment or discrimination in the workplace.

P

Poisoned Work Environment

Is a work environment where comments, behaviour or the display of offensive material has an adverse impact on an individual or a group. The offending behaviour does not need to be directed at an individual. The adverse impact can include reduced job satisfaction, impaired job performance, employees leaving their jobs, employees being unable to progress in their careers and psychological suffering. A poisoned work environment may result from a pattern of events or a serious, single remark or action.

Prejudice

Literally means to “pre-judge”. It is an attitude by one person or group that tends to cast a second person or group in an inferior light, despite the absence of legitimate evidence. In this case “legitimate” means scientifically proven. In other words, prejudice is not based on proof.

Although these negative attitudes are irrational and based on misinformation, they become a way to justify mistreatment of groups of people. They become “socially acceptable”. The negative attitudes then form a vicious circle, recycling through the society as a form of education. In this way, for example, misinformation about people of colour becomes a part of everyone’s ordinary assumptions.

R

Race

Not defined in the Human Rights Code. Generally understood to refer to people distinguishable by certain genetic and/or physical characteristics, such as skin colour.

Racism

Racism is an intolerance of a group of persons on the basis of their race, skin, colour, ethnic origin, nationality, or religion. Racism usually involves the idea that one’s own race is superior.

Remedy

The purpose of both human rights legislation and the employers anti-harassment policy is to stop harassment, not punish people. A remedy is a solution to the problem of harassment. Some examples of remedies include a letter of apology, training, a change in policy or practices to make them fair and equitable.

Reprisal

Any form of retaliation against a complainant or a witness. This is considered a serious violation and will not be tolerated. Such retaliatory actions may be subject to disciplinary action up to and including dismissal.

Respondent

Person against whom a complaint is filed. A respondent is expected to respond to the complaint.

S

Sexism

Sexism is behaviour based on prejudiced attitudes towards another person because of their sex. Sexism commonly refers to unequal treatment that women receive in employment, services, housing, etc. Women face many systemic and overt obstacles to equal opportunity and equal treatment in employment. These obstacles include sexual harassment, lack of child care services, stereotyping and job ghettos.

Sexual harassment

Occurs when a person receives unwelcome sexual attention from another person, whose comments or conduct are known or should reasonably by known to be offensive, inappropriate, intimidating, hostile, or unwelcome. Sexual harassment includes situations where a person in a position of authority (a supervisor or teacher, for example) shows unwelcome sexual attention to an employee or student, and where reprisal occurs or is threatened if the sexual attention is rejected.

Sexual harassment is not limited to unwelcome conduct by someone seeking sexual favours. Stereotypical comments or actions about one’s gender can be a form of harassment because of sex. Sexual harassment is most often directed at women, but it can also be directed at men or between members of the same sex. Usually sexual harassment is a pattern of behaviour that occurs frequently over a period of time. However, a single incident can be serious enough to be considered sexual harassment.

Sexual orientation

This term normally refers to homosexuality, bisexuality, and heterosexuality. It is considered “an immutable personal characteristic that forms part of an individual’s core identity.”

Sexual solicitation

An invitation to participate in some form of sexual activity. The classic example of this is a person with management authority over an employee who makes it clear that advancement in employment for the employee depends upon granting sexual favours.

Special programs

Initiatives (in employment, services or housing) designed to relieve hardship or economic disadvantage, to assist members of disadvantaged groups to achieve equal opportunity and to eliminate discrimination under the Code. An example of a special program would be an initiative to increase the numbers of people from disadvantaged groups in management at a company. Special programs are allowed under the Code.

Stereotype

The word comes from the process of making metal plates for printing, and means a “set image”. When applied to people, stereotype means an “instant or fixed picture” of a group, usually based on false or incomplete information. It is common to find certain groups, typically those disadvantaged economically or by prejudice, being stereotyped by those considered “mainstream.”

Systemic harassment/discrimination

Policies, practices, procedures, actions or inactions that appear neutral, but have an adverse impact associated with one or more of the provisions of the Human Rights Code.

T

Trivial

of very little importance or value; insignificant.

U

Undue hardship – (the employer)

When accommodating the needs of an individual or a protected group (such as people with disabilities) would alter the essential nature of the enterprise, substantially affect the economic viability of the enterprise, or produce a substantial health and safety risk that outweighs the benefit of accommodating that group or individual worker, then an employer can make the case that the accommodation causes undue hardship. The employer has the burden of proving that accommodating an employee would cause undue hardship for the business.

V

Vexatious

Done for the purpose of causing trouble or annoyance. In the context of harassment, (“a course of vexatious comment of conduct…”), the definition is a little more complex. In an objective sense, behaviour that is clearly annoying or distressing is vexatious; racial slurs or calling a woman a slut are examples. There is also a subjective component. That is, any behaviour that the respondent knows or should have known to be embarrassing, intimidating, frightening etc. to someone can be considered vexatious. In assessing whether comment or conduct is subjectively vexatious, one uses the reasonable person test. In other words, would a reasonable person in a similar situation to the complainant (e.g. a young woman in her first job) consider the behaviour to be vexatious?

W

Workplace

Any building or part of a building in which one or more employees work, including lunchrooms, changing and lounge areas, and any vehicle or conveyance, or any area including outside worksites, where workers perform their duties. Harassing or discriminatory behaviour which occurs outside of the physical workplace but adversely affects relationships in the work environment is nevertheless considered work-related.