A: Discrimination can take place based on a number of factors. For example, you could discriminate between people based on how smart or educated they are, how they look, or what they believe. You will only violate human rights law if you discriminate based on some of those reasons. The reasons that you cannot legally use to discriminate are called “prohibited grounds of discrimination.”
In all areas (employment, housing, etc.), it is illegal to discriminate based on:
- belonging to a group of people of common heritage who share physical features
- a system of belief, worship, and/or conduct
- includes native spirituality
- includes not having any religious belief (atheism)
- colour of skin
- being male, female, or transgendered
- includes pregnancy and breastfeeding
- includes sexual harassment
- includes physical disabilities and deformities caused by injury, birth defects, or illnesses
- includes having a disease, infection, condition, or syndrome
- includes any mental, developmental, or learning disorder regardless of its cause or how long it lasts
- belonging to a group of people with a common heritage
- the place where someone was born or immigrated from
- being married, single, divorced, separated, widowed, or living with someone outside of marriage
- a lawful source of income
- specifically targeted to protect people receiving assistance such as AISH or a disability pension
- being related to someone by blood, marriage, or adoption
- heterosexual, homosexual, or bisexual
- includes actual or perceived sexual orientation
In the context of employment and publications, it is also illegal to discriminate based on age where the person is over 18. That means you can discriminate against people under the age of 18 in most circumstances. In the context of housing or providing services, you can discriminate against people of any age. For example, it is OK for a landlord to refuse to rent to people under the age of 30.
The courts and the human rights tribunals have looked at many of the prohibited grounds of discrimination and have determined what is included in their definitions. For example, if someone is discriminated against because he is an alcoholic, that may be included in the ground of physical and mental disability.
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