When do people discriminate

If the requirement is put on services where it is not relevant, it may be a case of indirect discrimination. Inadequate accessibility is when a person with a disability is disadvantaged through a failure to take reasonable accessibility measures that would put that person in a comparable situation with others without the disability. Examples of measures that can be required include the removal of thresholds, reading the menu at a restaurant, or providing an aid that a person needs to participate in school or work.

The law demands that reasonable accessibility measures be implemented. Exactly what measures are reasonable must be determined by an overall assessment of each individual case. The starting point for what is a reasonable measure is the accessibility requirements that apply under the laws or other regulations for the activities in question, such as in the work environment law, school law, planning and building law or according to the EU regulations on passengers' rights during transport.

In addition to the requirements in laws and other regulations, for most activities it is only relevant to implement simpler measures. Additional measures may be required in workplaces and in higher education premises.

In the overall assessment of what constitutes a reasonable measure, the following are also taken into account:. Accessibility measures may relate to support or personal service, information and communication, as well as the physical environment. Note that the list above only provides some examples of accessibility measures that may be implemented.

Exactly what measures are reasonable are determined by an overall assessment of each individual case. Inadequate accessibility is discrimination. Harassment is conduct that violates a person's dignity.

To fall within the scope of the Discrimination Act, the offensive behaviour must be related to one or more of the grounds of discrimination. Harassment may be the expression of ridicule or degrading generalisations that have a connection to the grounds of discrimination. Harassment may also be of a sexual nature. Besides comments and words, this could involve unwanted touching or leering.

It could also be a question of unwelcome compliments, invitations or insinuations. Harassment and sexual harassment are behaviours that are unwelcome. It is the victim of harassment who decides what is unwelcome or offensive. According to the law, the perpetrator must understand how the behaviour is perceived for it to be classified as harassment or sexual harassment.

It is thus important that the victim makes it clear to the perpetrator that the behaviour is unpleasant and unwelcome. In certain circumstances the offensive nature of the behaviour may be so obvious that no comment is required from the victim.

An instruction to discriminate is when someone gives an order or instructs someone who is in some way dependent, such as an employee, to discriminate against another person. An instruction to discriminate may also be given to a person or a company that has undertaken a commission, such as a staffing agency. An instruction to discriminate can involve direct or indirect discrimination, lack of accessibility, harassment or sexual harassment.

A party that subjects someone else to discrimination may become liable to pay compensation to the victim of discrimination. This applies to all forms of discrimination. It is a court which determines whether discrimination has taken place and which amount of compensation shall be paid due to the discrimination. Compensation for discrimination has a dual function. The compensation ordered should provide reasonable compensation to the victim restorative function , and it should act as a deterrent and thus effectively counteract discrimination in society preventive function.

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What is discrimination? Discrimination in working life Protected grounds of discrimination. The legal definition of discrimination A simplified description of the legal definition of discrimination is when a person is treated disfavourably or when a person's dignity is violated.

The law only protects individuals The Discrimination Act protects individuals and not for example organisations or companies. A restaurant does not admit a guest because the person has cerebral palsy.

An employee has lower pay than a colleague of the opposite sex with the same or equivalent work. A manager makes unwelcome sexual advances. A teacher ridicules a pupil for wearing a headscarf.

A dentist will not allow a man to make an appointment because he is wearing a dress. A factory demands that all employees must be over a certain height. An official at the public employment service ridicules a person for being bisexual.

An employer terminates a trial employment period when the employee informs the employer that she is pregnant.

The staff at a restaurant refuse to read the menu for a guest who has a visual impairment. Where can you be discriminated? The prohibition of discrimination applies in the following areas in society working life education labour market activities and employment services not under public contract starting up or running a business professional recognition membership of certain organisations goods, services and housing outside the private and family sphere the organisation of a meeting or event that is open to the public such as concerts, markets or fairs health and medical care social services and assistance in the form of special transport services and housing adaptation allowances social insurance system the Social Insurance Agency's services unemployment insurance state financial aid for studies national military service and civilian service.

In fact, discrimination often takes place without any intent to do harm. And in most cases, there are overlaps between discrimination and other legitimate factors.

The young woman who interviews him finds him pleasantly similar to her favourite grandfather and tells him this as a compliment. This may be discrimination based on age and gender, even though it is clear the interviewer liked the man on a personal basis, and the person actually hired may have been more qualified for the job. In many cases, discrimination results from a tendency to build society as though everyone is the same as the people in power — all young, one gender, one race, one religion or one level of ability.

Failing to consider many perspectives, or not planning to include all people, may result in barriers to access for persons identified by the Code. Such barriers, even if unintended, are discrimination. It is a principle of human rights that persons should be judged on their individual attributes, skills and capabilities, rather than on stereotypes, prejudice or assumptions.

Prejudice is a strong dislike or negative feelings held by someone about another person or group. These types of attitudes can be expressed as "isms" ageism, sexism, racism, etc. When people are stereotyped, all people in the group are given the same characteristics, regardless of their individual differences.

An example is treating someone in an unequal way due to one of the grounds listed in the Code. While racism, sexism, etc. Therefore, it is important from a human rights perspective to address acts of discrimination and also ageist, sexist, racist, etc. As well as harassment, the Code prohibits many other kinds of discrimination, such as systemic discrimination or failing to accommodate Code -related needs.

Discrimination can take many forms. In some cases, discrimination may be direct and intentional for example, if a person or group treats another person differently on purpose because of a Code ground. This type of discrimination generally arises from negative attitudes and biases relating to that ground. Example: An employer rejected a Black candidate for a job after meeting her. He was visibly shocked and turned her down flat, without asking about her credentials.

When asked what was wrong, he said something about maintaining the company image. Discrimination exists when rules, standards or requirements that appear to be neutral have a discriminatory impact on people identified by the Code. In some cases, direct discrimination takes place through another person or other means. Discrimination can also occur when an employer adopts a practice or rule that, on its face, discriminates on a prohibited ground.

Example: A workplace adopts a rule of not hiring women who wish to start a family. This would be direct discrimination based on sex and family status. Example: A placement agency refuses work to a bisexual, lesbian or gay person, because the company using their services told them to. In these three examples, the people giving the instructions can be held responsible for discriminating.

The persons who followed the instructions to discriminate have also engaged in discrimination — they cannot claim to have just been following orders. Section 12 of the Code states that a person cannot be discriminated against or harassed because of his or her association, relationship or dealings with another person identified by a ground in the Code. This protection exists whether or not the person being discriminated against is identified by the same ground in the Code.

Example: A White employee is refused a promotion because she has a close friendship with a Black employee. Example: A parent of a child with a severe disability is fired after missing work too many times to deal with medical emergencies.

In some cases, discrimination is subtle or covert. Intent or motive to discriminate is not a necessary element for a finding of discrimination — it is sufficient if the conduct has a discriminatory effect. Subtle forms of discrimination can often only be detected after looking at all of the circumstances.

Individual acts themselves may be ambiguous or explained away, but when viewed as part of the larger picture, may lead us to think that discrimination based on a ground in the Code was a factor in how the person was treated.

Example: A woman is one of four people granted job interviews, from a pool of several dozen people who sent in resumes by mail. When she appears in person, the interviewer seems surprised and uncomfortable, does not make eye contact, and seems to hurry through the interview.

The woman feels that the interviewer assumed that she was a lesbian based on aspects of her gender presentation, such as her hairstyle and clothing. She later learns that she did not get the position, but the company does not explain its decision. Example: A Black vice-principal repeatedly tried to get promoted to the position of principal. It can be hard to determine if subtle discrimination is a factor in such situations.

You may need to investigate and analyze the total context of the alleged behaviour, comment or conduct. This would include thinking about evidence that compares how others were treated in a similar situation, or evidence that a pattern of behaviour exists. Discrimination based on a Code ground may be found even if there were other legitimate reasons for decision or treatment, as long as it was one of the factors. The following types of treatment in employment may indicate subtle discrimination based on the Code :.

Discrimination may be found to occur even when there has been no overt or implied reference to a Code ground. However, if comments linked to a Code ground are made, they can be further evidence that discrimination has been a factor in the way someone is treated. Similarly, a finding of discrimination may be made when someone makes negative comments about a person advocating for human rights protections or equitable treatment. One of the more complex forms of discrimination is systemic or institutional discrimination.

Systemic discrimination refers to policies or practices that appear to be neutral on their surface but that may have discriminatory effects on individuals based on one or more Code grounds. Example: A small company is proud of its intensive team-building approach. People who do not attend these events are less successful at building the internal networks that lead to promotions. Employees who are female, single, gay or lesbian may not feel welcome at these events. People who have care-giving responsibilities after work or who use mobility aids, such as wheelchairs, would likely not be able to attend these events.

Systemic discrimination can overlap with other kinds of discrimination, such as harassment, and may arise from stereotypes and biases. The definition of systemic discrimination used by the Commission includes the following three elements:. People can experience systemic discrimination differently based on the intersection of various grounds of discrimination, such as gender, disability, place of origin, and so on. In the example above, a racialized or single woman with a disability would be at a triple disadvantage.

Use these three elements as a basis for actively monitoring for systemic discrimination and measures to address it. Workplace rules, policies, procedures, requirements, qualifications or factors may not be openly discriminatory, but they may create barriers to achievement and opportunity.

This kind of discrimination is specifically prohibited under section 11 of the Code. If the rule is not inclusive and does not accommodate individual differences to the point of undue hardship, it is discriminatory.

Example: A workplace introduces a new attendance management program that allows employees to take six days off per year. The program provides for disciplinary sanctions, up to and including termination, for each extra absence, regardless of the reason. Although this program is applied equally to all employees, it has not been inclusively designed and does not take into account the need to accommodate differences between employees due to family status, disability or other Code grounds.

As a result of this test, the rule or standard itself must be inclusive and must accommodate individual differences up to the point of undue hardship. It is not enough to keep discriminatory standards and supplement them by accommodating people who cannot meet them.

This ensures that each person is assessed according to his or her own personal abilities, instead of being judged against presumed group characteristics. Every person has a right to claim and enforce his or her rights under the Code , or start or take part in proceedings under the Code without reprisal or threat of reprisal. Is this legal? Title VII of the Civil Rights Act of protects individuals against employment discrimination on the basis of national origin as well as race, color, religion, and sex.

Under this Act, discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex pregnancy discrimination. I am pregnant, and my doctor has placed me on restrictions. Is my supervisor required to adhere to these restrictions? If an employee is temporarily unable to perform her job due to pregnancy, the agency must treat her the same way as any other temporarily disabled employee.

For example, if an employee with a broken hand received modified tasks or alternative assignments, the same must be done for a pregnant employee. I am pregnant, and I am thinking about taking three months off after my baby is born. Is my supervisor required to approve my leave request? An employer may not have a rule that prohibits an employee from returning to work for a predetermined length of time after childbirth.

For instance, an employer may not require an employee to return to work 4 weeks after childbirth. Sexual harassment is unwanted and unwelcome advances of a sexual nature.

It could be a touch, written note, joke, picture, etc. It can be intentional or unintentional. The first type is Quid Pro Quo. This means that a person in a position of power over another offers to trade a tangible employment action or benefit such as promotion for a sexual favor.

The second type is hostile work environment. In this instance, the environment is created by obvious sexually oriented activity by employees and supervisors. Sexual harassment is rarely found as the result of a single incident or event. The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. I have first-hand knowledge of a co-worker who is being harassed by his supervisor.

He is afraid and embarrassed to come forward and report the harassment. Since I am in the immediate work area, can I report the harassment? Yes, the victim does not have to be the person harassed, but could be anyone affected by the offensive conduct.

A co-worker constantly tells lewd jokes in my presence. Her behavior is offensive, but I am afraid to speak up in fear of not being perceived as a team player.

Any advice? Inform the individual that her conduct is unwelcome and must stop. If her behavior continues, inform the supervisor or the OEEO. My supervisor often asks me to lunch, but I decline his offers. Is this a form of sexual harassment?

The conduct as described is not sufficient to constitute sexual harassment; it must be of a sexual nature. I am aware that Title VII of the Civil Rights Act of prohibits discrimination based on race, color, religion, sex including gender identity, sexual orientation, and pregnancy , and national origin. What is the difference between race discrimination and color discrimination?

Race discrimination occurs when employees are treated differently than other employees because of unalterable characteristics, such as physical features attributed to their race. For example, this Act prohibits discrimination against an Asian individual because of physical characteristics such as facial features or height.

Color discrimination occurs when persons are treated differently than others because of their skin pigmentation. Color discrimination can occur within the same ethnic group. So does that mean that individuals of the same race can discriminate against another because of different skin pigmentation?