Ontario HR Compliance · Canadian Human Rights Act
Canadian Human Rights Act: Prohibited Grounds and the Duty to Accommodate
Federally regulated employers follow the Canadian Human Rights Act instead of the Ontario Human Rights Code — it lists its own prohibited grounds of discrimination and carries the same duty to accommodate to the point of undue hardship.
Federally regulated employers follow the Canadian Human Rights Act (CHRA) in place of the Ontario Human Rights Code. The prohibited grounds of discrimination are listed in section 3 of the Act:
- race, national or ethnic origin, colour
- religion
- age
- sex
- sexual orientation, gender identity or expression
- marital status, family status
- genetic characteristics
- disability
- conviction for an offence for which a pardon or record suspension has been granted
Discrimination because of pregnancy or childbirth is deemed to be discrimination on the ground of sex.
A discriminatory practice under the Act includes refusing to employ someone, treating an employee adversely in the course of employment, and harassment. Sexual harassment is deemed to be harassment on a prohibited ground rather than a separate category. Retaliating against someone for making a complaint is itself prohibited.
Employers have a duty to accommodate an employee’s needs connected to a prohibited ground, up to the point of undue hardship. A workplace requirement that has a discriminatory effect has to meet the bona fide occupational requirement test — known as the Meiorin test — to stand: it has to be rationally connected to the job, adopted honestly, and impossible to accommodate without undue hardship.
This is general information, not legal advice. Confirm current guidance at the Canadian Human Rights Commission before relying on it, and see Canadian Human Rights Commission: Complaint Process for what happens when a complaint is filed.
Source: Department of Justice Canada — Canadian Human Rights Act ·
Also: Department of Justice Canada — Canadian Human Rights Act, s. 3
Last reviewed .
Confidence: Verified
Related notes
- Federal vs. Ontario Jurisdiction: The Employment-Law "Instead Of" Rule — A federally regulated employer follows the Canada Labour Code and related federal statutes in place of Ontario employment law, not on top of it — the federal regime replaces the ESA, OHSA, Human Rights Code, AODA and Pay Equity Act rather than adding to them.
- Canadian Human Rights Commission: Complaint Process and How It Connects to Equity Obligations — Discrimination complaints against federally regulated employers go to the Canadian Human Rights Commission, which can investigate, help settle, dismiss, or refer a complaint to the Canadian Human Rights Tribunal — the same Commission also administers the Pay Equity and Accessible Canada Acts.
- Employment Equity Act: The 100-Employee Threshold and Annual Report — Federally regulated private-sector employers and Crown corporations with 100 or more employees must analyze their workforce against four designated groups, maintain an employment equity plan, and file an annual report by June 1 — an obligation that doesn't apply at all below 100 employees.
- Accessible Canada Act: Applicability and the Planning/Reporting Cycle — The Accessible Canada Act governs accessibility for federally regulated organizations in place of Ontario's AODA, and runs on a repeating 3-year cycle of an accessibility plan, two progress reports, and an updated plan.