Discrimination is the distinction or differential treatment of an individual on the basis of a prohibited ground, whether or not the differential treatment is intentional.

Discrimination is prohibited in every aspect of employment including:

• advertising,

• applications,

• interviews,

• hiring,

• wages,

• benefits,

• conditions of employment,

• promotion, and

• dismissal.

Employers are also prohibited from discriminating against employees and potential employees because of:

• a criminal conviction unrelated to the employment, or

• the fact that an individual’s wages are being, or have been, subject to garnishment.

Discrimination is prohibited on grounds of:

• race,

• colour,

• nationality,

• ethnic origin,

• social origin,

• religious creed,

• religion,

• age,

• disability or perceived disability,

• disfigurement,

• sex (which includes pregnancy),

• sexual orientation,

• marital status,

• family status,

• gender expression and/or gender identity,

• source of income, and

• political opinion.

Unless it constitutes undue hardship (as defined in the Human Rights Act), your employer has a duty to accommodate you if you have special requirements based on any of the above grounds. This accommodation includes eliminating or changing rules, policies, practices, and behaviours that have a discriminatory effect on you as a result of your differences or needs related to the above grounds.

You do have a responsibility to communicate your need for accommodation to your employer, but you are only required to provide sufficient information to support your request for accommodation, the intent of which is to remove barriers to your full participation in the workplace.

Your employer must pay equal wages and give equal opportunities to all employees performing the same or similar work unless the difference in wages is based on merit or seniority.

We believe the right to equal pay for equal extends to all workers regardless of employment status, be they casual, part-time, contract, seasonal, full-time, or temp agency workers; however, employment status is not one of the “prohibited grounds” under the Human Rights Act.

Workplace harassment is defined as “inappropriate vexatious conduct or comment by a person to a worker that the person knew or ought to have known would cause the worker to be humiliated, offended or intimidated.”

Behaviours that constitute harassment may include:

• unwelcome conduct, comments, gestures or contact which causes offense or humiliation,

• misusing power or authority,

• referring to a person using terms or pronouns that do not align with the person’s affirmed gender,

• physical or psychological bullying which creates fear or mistrust, or which ridicules or devalues the individual,

• excluding, intimidating, or isolating individuals,

• making inappropriate gestures or comments,

• making inappropriate sexual solicitations, comments, or advances,

• discriminating based on gender, gender identity, or sexual orientation,

• cyberbullying such as posting offensive or intimidating messages through social media or email, and

• deliberately setting an individual up to fail.

As your employer has the authority and responsibility to prevent or discourage harassment in your workplace, they may be held liable if one of their employees is harassing you and they do not take steps to end the harassment.

If you believe you have been discriminated against on one or more of the above grounds, you can contact the Human Rights Commission and ask to speak to a human rights specialist at (709) 729-2709 or toll free at 1-800-563-5808.