discrimination at workplace, presented at Lambton college

1. Disability Discrimination in a Workplace
Tarsila da Cruz - C0704927
Rohini Sharda - C0713810
Manjot Kaur - C0718546

2. Introduction
What is Discrimination?
Canadian Human Rights Commission (CHRC) describe
discrimination as “an action or a decision that treats a person or a
group badly for reasons such as their race, age or disability.”
Intentional Unintentional
- Stereotypes - Laws
- Prejudices - Policies
- Harassment - Unconscious practices

3. “
What is Disability?
A physical or mental condition that limits a person's movements,
senses, or activities. May have been present from birth,
caused by an accident, or developed over time.
There are physical,, mental disorders, drug and alcohol
dependencies, and other conditions.”
OHRC

4. Disabled Person
Canadian Charter
Rights and Freedom
Canadian Human Rights Code
Accessibility for Ontarians
with Disabilities Act
United Nations Convention on the
Right of Persons with Disabilities
Employment Equity Act
Who Protect People with Disability?

5. “
The OHRS says...
Organizations have a legal obligation to not
discriminate against people with disabilities,
and to eliminate discrimination when it
happens.”

6. Although...
*Canadian Human Rights Commission

7. Impact of workplace injuries
232,629 Nonfatal occupational injury and illness in
2015 was informed and accepted by the
compensation board.

8. Discrimination to Accommodation
Why happens?
❏ Lack of knowledge
❏ Waste of Money
❏ Failure to identify
essential duties of the
employee’s position
❏ Failing to keep a record
of the accommodation
request and action taken
How it look likes?
❏ Failure to make a right
accommodation for
needs of the employee.
❏ Underestimate
accommodation needs
❏ Terminate the employee
❏ Refusing to meet with the
employee after requests
about accommodations

9. Preventive measures
❏ Policies of Human Rights and for Disabilities
❏ Open system for notifications about discrimination
❏ Training
❏ Review culture
❏ An incentive program could be offered to companies
who subsidies workers accommodation
❏ Meet with the employee
❏ Follow up the new tasks
Get involved!

10. Discrimination in Return to Work After
an Extended Absence

11. Rejected
Elderly people
Disability
Gender
Pregnancy
Religion
Race ...

12. Section 17 - Canadian Human Rights Commission
States that “the right to RTW for persons with
disabilities only exists if the worker can fulfill the
essential job duties after accommodation short of undue
hardship.
If a person cannot do the essential job duties, despite
the employer's effort to accommodate short of undue
hardship, there is no right to return to work”

13. The Canadian Human Rights Commission (CHRC)
receives many complaints based on disputes
regarding the transition back to work after a
prolonged employee absence.
The Commission is committed to helping employers
manage these cases so that the employee can
return to work safely, quickly and efficiently.

14. How discrimination happens in RTW after an
extended absence?
An employer may be anxious to have an employee
return to his or her job as soon as possible, forcing an
employee to return too soon can endanger the
successful reintegration of that employee into the
workplace.

16. Pregnancy Discrimination
Is often based on negative stereotypes and attitudes,
such as:
● Pregnant woman generally does not return to work
after her maternity leave
● If she does, she will no longer be a desirable
employee, as her priority will be her childcare
responsibilities rather than her career.

17. Preventive measures
Steps to make sure they are following the code and
human rights principles:
❏ Anti-harassment and anti-discrimination policies
❏ Accommodation policy and procedure
❏ Internal complaints procedure
❏ Education and training program
❏ Ongoing monitoring and evaluation

18. Discrimination against mental
health issues and addictions

19. Ontario Human Rights Code
▧ The OHRC under the ground of
“disability” protects individuals
with mental illness disabilities
and addictions from
discrimination and harassment.
▧ Makes policy for the public to
identify the integral dignity and
value of every person.
▧ Provides equal rights and
opportunities without any
discrimination.

20. Under section 46.3 of the Code,
▧ Employers will be held responsible for discrimination,
including acts or omissions, committed by employees or
agents in the course of their employment. (This is known as
vicarious liability)
▧ Discriminatory workplace actions are:
○ Negotiating discriminatory terms in a collective
agreement
○ Blocking an appropriate accommodation
○ Failing to take steps to address a harassing
○ Poisoned workplace environment

21. Discrimination against mental health issues
▧ People with mental health disabilities and addictions continue
to face prejudice and discrimination in
○ Employment
○ Housing
○ Education
○ and Services.
▧ It affects dignity, increases social isolation
▧ The impact - different or worse and leaves people unable to
fully take part in society.

22. * 1/3rd to half of the people with
mental health issues stated:
▧ They were not given a job for which
they were competent
(when they revealed their disability)
▧ Some were dismissed
▧ Were forced to leave as a result of
their mental illness.
*Senate of Canada

23. ECONOMIC FACTS
• Workers with mental health disorders tend to:
- Have higher direct costs
- Have higher indirect costs
• $ of mental health disorders > physical health conditions
• Productivity losses account for the majority of all
combined costs for workers with mental health disorders

24. Discrimination in Addiction Management
▧ High rates of unemployment
▧ Face numerous problems for the job, like:
○ Limited experience
○ Workplace discrimination and inflexibility
○ Gaps in work history
○ Lack of confidence
○ Negative stereotypes
○ Workers were fired and mistreated by owners

25. Addiction in Human Rights Code
The OHRC illustrates that drug addiction and
alcoholism are “disabilities” and assures equal
treatment regarding services without any
discrimination.

26. Discrimination to Mental Disabilities and Addiction
Why happens?
❏ Lack of knowledge
❏ Costs
❏ Prejudgment
How it look likes?
❏ Exclude the person
❏ Underestimate needs
❏ Terminate the employee
❏ Refusing to meet with the
employee
❏ Bullying

27. Preventive Measures
Employers, and other responsible parties must: maintain
environments that is:
▧ Accessible
▧ Inclusive
▧ Discrimination free
▧ Harassment-free
Must:
▧ Respect human rights (private information)
▧ Provide support needed
▧ Rehabilitation programs
▧ Arrange requirements needs

28. Penalties for any Discrimination
Discriminated
Employee
BILL 107 (OHRC)
Agreement
between two
parts?
Yes No
Dismiss the
application
Tribunal
Up to $ 20,000
Compensation for
past wage losses
Rights, opportunities
or privileges that
were denied

29. Conclusion
To have an effective approach and avoid discriminations at workplace some
attitudes should be taken as:
Conduct evaluation research of climate
anonymously to report to if there is
discrimination
Emphasize the importance of Human
Rights training and encourage
leadership commitment
An incentive program could be offered
to companies who subsidies workers
accommodation
Improve the disclosure of the disability
tax credit
Review your organization’s operations
from a human rights perspective
Disability management program with
specialized workers as part of the team

30. Disability is not a choice, but discrimination is!

31. References
● http://www.mcmillan.ca/files/Employment%20Law%20in%20Canada%20-%20Feder
ally%20Regulated%20Employers.pdf
● https://www.minkenemploymentlawyers.com/employment-law-issues/workplace-discr
imination-when-it’s-prohibited-and-when-it’s-permitted/
● https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217147/
● https://www.ccohs.ca/events/mourning/
● https://hicksmorley.com/2016/10/24/ontario-human-rights-commission-releases-new-
policies-on-drug-and-alcohol-testing-and-ableism-and-discrimination-based-on-disabi
lity/
● https://www.chrc-ccdp.gc.ca/eng/content/what-discrimination-1
● https://www.chrc-ccdp.gc.ca/eng/content/persons-disabilities
● http://www.ohrc.on.ca/en/policy-ableism-and-discrimination-based-disability
● http://www.acas.org.uk/index.aspx?articleid=1859
http://www.ohrc.on.ca/en/discrimination-based-disability-and-duty-accommodate-info
rmation-employers
● http://www.kellysantini.com/articles/duty-accommodate-dos-and-donts-guide-returnin
g-injured-disabled-employees-work-0