The terms ‘protected grounds’ and ‘prohibited grounds’ are fundamental to the Ontario Human Rights Code, a cornerstone of anti-discrimination law in Ontario since 1962. This article will guide you through the nuances of these terms, their implications for individuals and organizations, and how they work together to uphold human rights.

What Are Protected Grounds?

Protected grounds are specific characteristics that are legally protected against discrimination under the Ontario Human Rights Code. These characteristics are essential to an individual’s identity and are safeguarded to ensure equality and prevent discrimination.

The Recognized Protected Grounds Include:

• Age
• Ancestry, color, or race
• Citizenship
• Ethnic origin
• Place of origin
• Creed
• Disability
• Family status
• Marital status
• Gender identity or gender expression
• Receipt of public assistance (in housing only)
• Record of offenses (in employment only)
• Sex (including pregnancy and breastfeeding)
• Sexual orientation

How to Identify and Challenge Discrimination

If you encounter discrimination, it’s important to recognize whether it falls under a protected or prohibited ground:

• Documentation: Keep detailed records of the incident, including communications and witness statements.
• Legal Advice: Consult with a human rights lawyer to understand your rights and the appropriate steps to take.
• Reporting: Report the incident to the appropriate authorities, such as the Human Rights Tribunal of Ontario (HRTO).

Proactive Measures to Prevent Discrimination

Organizations should implement proactive strategies to ensure compliance with human rights laws:

• Develop comprehensive policies that clearly define acceptable behavior and consequences for discrimination.
• Conduct regular training sessions to educate employees and management on their rights and responsibilities under the Human Rights Code.

Conclusion

Both protected and prohibited grounds play critical roles in the enforcement of human rights in Ontario. Understanding these terms can empower individuals and organizations to stand against discrimination and promote a fair, inclusive society.

Contact Achkar Law

For further assistance with discrimination issues or to understand more about your rights under the Ontario Human Rights Code, contact Achkar Law.

Phone toll-free at 1 (800) 771-7882 | Email at [email protected]