Law 2101 Lecture Notes - Lecture 12: Wildfire Suppression, Ontario Human Rights Code, Pregnancy Discrimination
Document Summary
Human rights legislation and the common law: no common law tort action for discrimination. Human rights legislation and employment contracts and collective agreements: implied terms (parry sound, ssc said that the terms of human rights code is implied in every employment contract, vast majority are employment law cases. Spheres of activity are singled out for application of human rights codes, where it is necessary for the community. Human rights legislation changes tort and common law. Section 5(1: every person has a right to equal treatment with respect to employment without discrimination because of race, place of origin, colour, ethnicity, age record of offences, marital status, family or disability. Must show you have differential treatment- that"s to get in the door- low threshold. Once you are in door, the onus is then shifted to the employer, as the respondent. They must defend against a claim of discrimination.