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Discrimination
what is discrimination?
In Canadian Law:
Discrimination is defined a distinction, whether intentional or not, based on grounds relating to personal characteristics of an individual or group, and which has the effect of imposing burdens, obligations, or disadvantages on such individuals or groups not imposed on others, or which withholds or limits access to opportunities, (services), benefits, and advantages available to other members of society.
Reference: Andrews v. Law Society of BC (1989)
This type of discrimination is also called adverse impact or adverse differential treatment discrimination, and in the case of the workplace, can detrimentally affect the work environment or lead to adverse job related consequences for the victim of the discrimination.
Heritage Institute's Services
The Heritage Institute's services include:
- Advisory & consultation services
- Facilitation
- Training
for:
- Discrimination/Harassment Prevention & Intervention
- Supervisors' responsibilities
- Duty of care
- Investigation & resolution skills
what is harassment? (specifically, what is workplace harassment according to human rights law?)
Harassment is any unwelcome or degrading conduct or comment based on one or several of the prohibited grounds that may detrimentally affect the work environment or lead to adverse job-related consequences for the victim of the harassment.
Harassment is a form of discrimination.
what is personal harassment?
In Canadian Common Law:
Personal harassment is any objectionable conduct or comment directed towards a specific person(s), which serves no legitimate work purpose, and which has the effect of creating an intimidating, humiliating, hostile or offensive work environment.
While harassment under human rights law needs to be based on enumerated grounds (personal or group characteristics specifically listed in the law or statute) personal harassment in common law, does not need to be based on (listed or similar) grounds.