Difference between revisions of "Canadian Human Rights Act (6:IV)"

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== A. Prohibited Grounds of Discrimination ==
== A. Prohibited Grounds of Discrimination ==


The eleven prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, conviction for which a pardon has been granted, and mental or physical disability (including previous or present alcohol dependence). These grounds apply to all activities covered by the CHRA. Section 3(2) explicitly makes discrimination on the grounds of pregnancy illegal and s 14(2) explicitly prohibits sexual harassment.  
The eleven prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, conviction for which a pardon has been granted, and mental or physical disability (including previous or present alcohol dependence). At the time of writing, a government bill adding gender identity and expression to the list has been passed by the House of Commons and Senate and will likely become law soon (Bill C-16, 1st Session, 42nd Parliament, 2017). These grounds apply to all activities covered by the CHRA. Section 3(2) explicitly makes discrimination on the grounds of pregnancy illegal and s 14(2) explicitly prohibits sexual harassment.


Note that the federal equal pay provisions are broader than the provincial ones since it is discriminatory practice to pay different wages to female and male employees for work of “equal value”, even if the work itself is not similar. Factors considered when defining “equal value” include skills required, responsibilities, and working conditions. Pursuant to s 65(1), employers are liable for the discriminatory acts of their employees.  
Note that the federal equal pay provisions are broader than the provincial ones since it is discriminatory practice to pay different wages to female and male employees for work of “equal value”, even if the work itself is not similar. Factors considered when defining “equal value” include skills required, responsibilities, and working conditions. Pursuant to s 65(1), employers are liable for the discriminatory acts of their employees.


== B. Activities Where Discrimination is Prohibited ==
== B. Activities Where Discrimination is Prohibited ==
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