Rights and Responsibilities - Office of Human Rights, Equity, Diversity and Inclusion

ontario flag with the words "Ontario Human Rights Code" overlayed on top. Below the flag are boxes with the words "The occupational Health and Safety Act" and "The Education Act". Below the education act box are boxes with "regulations", "policy/program memoranda" and "school board policies". this show that the Human Rights code takes precedence over these other provincial laws.

Discrimination

Discrimination means any form of unequal treatment based on a ground listed in the Ontario Human Rights Code ground. Discrimination may be intentional or unintentional. It may involve direct actions that are discriminatory on their face, or it may involve rules, practices or procedures that appear neutral, but have the effect of disadvantaging certain groups of people (“systemic”).

The Ontario Human Rights Code applies to work, education, housing and services that are governed by provincial law and is intended to ensure the dignity and worth of each person, a climate of respect and mutual understanding, full participation in society and equal rights and opportunities.

YCDSB’s harassment and discrimination policies are in accordance with the Human Rights Code.

Prohibited/ Protected Grounds

Age
Ancestry
Citizenship
Colour
Creed
Disability
Ethnic Origin
Family Status
Gender Expression
Gender Identity
Marital Status
Place of Origin
Race
Receipt of Public Assistance
Record of Offenses
Sex
Sexual Orientation

Harassment

Harassment means “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcomed”. This definition is found in both the Ontario Human Rights Code (with respect to Code-based harassment) and Occupational Health and Safety Act (with respect to Workplace Harassment). YCDSB’s policies adopt this definition and broaden it to include, in the case of personal harassment, any conduct and/or behaviours which create an intimidating, demeaning or hostile working or academic environment.

Defining Harassment

A course

Vexatious

Comment or Conduct

Known or Ought Reasonably to Be Known

Unwelcomed

This is a key aspect of the definition. The behaviour must be unwelcomed to the target or within the environment. It is important to note that there is no requirement that a person (i.e., target) expressly object to unwelcomed behaviour. It is recognized that where harassment is present, it may be difficult, perhaps risky, to object to a person’s behaviour, particularly when that person holds power over the target (such as a leader, professor, etc).

Human Rights-Based Harassment

Human rights-based harassment refers either to direct or indirect behaviour and includes comments, remarks, gestures, or other conduct that is unwelcome to the recipient.

Examples of human rights-based harassment

Intimidation or threats motivated by a protected ground of discrimination
Staring at, mocking, or belittling someone because of a physical or mental disability
Obscene graffiti or sexualized jokes
Practical jokes that are offensive to an individual based on any of the protected grounds of discrimination
Display or distribution of racist or offensive pictures or materials
Any actions that could be perceived as exhibiting offensive or demeaning treatment toward an individual or group based on grounds protected under the Human Rights Code
Derogatory remarks, innuendoes or taunts about a person’s body, dress, physical appearance or beliefs based on a protected ground of discrimination
Derogatory comments, threats or jeers about race, colour, ancestry, place of origin, or about the adornments and rituals associated with cultural or religious practices
Racist jokes and ethnic slurs
Derogatory comments about one’s gender, sexual orientation, gender identity, family status, or marital status
Discriminatory comments about a person’s age