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This webinar is brought to you by CLEONet www.cleonet.ca CLEONet is a web site of legal information for community workers and advocates who work with low-income and disadvantaged communities in Ontario.
About our presenter… Jessica Michael is a staff lawyer at The Community Advocacy & Legal Centre (CALC) , a non-profit community legal clinic. CALC serves low income residents of Hastings, Prince Edward and Lennox & Addington counties. The clinic (formerly known as Hastings and Prince Edward Legal Services) is currently staffed by lawyers , community legal workers, law clerks and support staff and is funded by Legal Aid Ontario. Jessica joined CALC in 2004, working primarily in the area of housing law. Her clinic work currently focuses on employment law, human rights, workers compensation and CPP disability. She received her law degree from Dalhousie University. Jessica was called to the Ontario Bar in 2004.
Discrimination: To treat someone unfairly, deny a benefit, exclude, impose obligations, disadvantage, etc. because of a characteristic or perceived characteristic under the Code . Intent is not necessary to prove discrimination.
Harassment: Offensive behaviour, comments or insults based on one or more of the grounds of discrimination in the Code . Harassment also occurs when people say something that they know will make you feel uncomfortable.
If the discrimination or harassment is not based on one of the “grounds”, then the Code does not apply.
Even if the discrimination is based on one of the grounds, the Code allows for certain types of discrimination. For example, an employer can discriminate against a person if the discrimination is reasonable and bona fide.
Both women and men have the right to be free from sexual harassment. Sexual harassment includes unwelcome sexual contact and remarks, leering, inappropriate staring, unwelcome demands for dates, requests for sexual favours and displays of sexually offensive pictures or graffiti.
Sexual Harassment (cont’d) Ontario Human Rights Code
“ Disability” means any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness. “Disability” also includes mental illnesses, developmental disability, drug and alcohol dependency.
However, temporary illnesses that everyone experiences from time to time such as the common cold or the flu are not considered to be “disability”.
Employment-related medical examinations or questions, conducted as part of the job screening process, are prohibited. Medical examinations to determine the ability to do the essential duties of a job should only be used after a conditional offer of employment has been made, preferably in writing.
Medical examinations that have no demonstrable relationship to job safety and performance have been found to be a violation of employee rights.
Employment, Medical Examinations Ontario Human Rights Code
If you believe that your rights under the Code have been violated, you may contact your local community legal clinic, consult a lawyer of your own choosing, file a human rights application with the Human Rights Tribunal, or file a grievance under your union’s collective agreement to protect your rights.
You cannot be punished or threatened with punishment for trying to exercise these rights. Any attempt or threat to punish you is called a “reprisal”.
Punishment for Exercising Rights Ontario Human Rights Code
Legal Aid Ontario funds a number of free community legal clinics throughout Ontario for people living on a low income.
To find the clinic closest to you, visit:
You can also find us in the Yellow Pages.
Contact Us Our Service Area and Contact Information
This webinar was brought to you by CLEONet For more information visit the Human Rights and the Charter section of CLEONet at www.cleonet.ca For more legal information webinars visit: http://www.cleonet.ca/legal_education_webinars