Contracts
Human Rights Code Violations
Discrimination in contracts is a serious issue that affects many people. It's unfair and unjust to discriminate against someone based on their race, gender, age, religion, or any other characteristic. When contracts are written in a way that discriminates against certain groups of people, it can lead to unequal treatment and opportunities.
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Discrimination in Contracts
Discrimination in contracts is a serious violation of human rights.
A contract is an agreement between two or more parties, where each party agrees to abide by certain conditions in exchange for a benefit or service from the other party. If a contract is discriminatory, it means that one party has been treated differently than another, or has been given fewer rights than another person in the same situation.
This type of discrimination can be illegal under international law, and can also violate state and federal laws. In some cases, it may be considered illegal even if there is no intent to discriminate—if one party has been treated differently than another without legitimate reason, then it could still be considered discrimination.
Discrimination can occur when someone is denied employment or housing because of their race, sex, age or nationality; when they are paid less than others doing similar work; when they are refused service at a store or restaurant; when voting rights are withheld from them based on their race or ethnic group; and in many other ways.
It's Time to Take Action
When we think about human rights, we tend to think about the things that affect us the most: freedom of speech, freedom from discrimination, and freedom of religion. But there's another side to human rights—one that affects us whether or not we realize it.
These days, it's easy to forget that when you sign a contract with your employer or landlord, you're agreeing to follow their rules. But what happens when those rules discriminate against people based on factors like race or gender? You might not see it as discrimination at first—but in many cases, it is.
It can be harder than ever to tell if your contract is discriminatory because many contracts are now written in legalese, which makes them difficult for non-lawyers to understand. That's why we need laws that protect people from unfair terms in their contracts—so they can make informed decisions about what's best for themselves and their families without having to worry about whether they'll be punished for speaking up when something goes wrong.
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Discrimination in Contracts
Here are answers to some common questions about discrimination in contracts.
The Human Rights Code & Discrimination
The human rights laws of Ontario protect you from discrimination in contracts.
Personal characteristics include your:
- Race, colour, or ethnic background
- Citizenship or the country you are from
- Religion
- Age
- Sex
- Sexual orientation
- Gender identity
- Gender expression
- Physical or mental disability, including an addiction
- Marital status (for example, married, divorced, single, or living common-law)
In this case, we are dealing with discrimination.
Discrimination in Contracts
In accordance with the Code, all persons with legal capacity are entitled to contract on equal terms with one another. It is important to note that this is without being discriminated against on the basis of their legal capacity. A contract is a legally binding agreement that can be enforced. In addition to written agreements, verbal agreements can also be made.
All steps in the process of entering into a contract on equal terms, including the offer, acceptance, price, as well as rejection of the contract, are covered by the right to enter into the contract on equal terms.
The Code covers contracts relating to the purchase of residential property such as houses, condominiums, or other types of residential accommodation, as well as contracts for the purchase of businesses, such as offices or retail stores. It is not legal for automobile manufacturers, for example, to refuse contracts to gay car dealership owners because they are gay.
In both oral and written contracts, the Code protects against discrimination.
A contract can be a simple contract or a complex contract, such as a contract to buy a house or a business contract. If you are a family with children, for example, a condominium corporation cannot refuse to sell you a condo on the grounds that you have children.
Lifestyle & Morality Statements for Employees
It is likely that an Ontario Human Rights Commission complaint will be filed against an organization that requires its employees to sign a lifestyle and morality agreement. Accordingly, these organizations must ensure their hiring practices and policies do not unreasonably restrict or exclude applicants based on their human rights status.
As an example, Ms. Heintz, a model employee for five years with Christian Horizons, provided care and support for individuals with developmental disabilities. At the time of her hiring, Ms. Heintz was required to sign a Lifestyle and Morality Statement. One of the provisions of this law prohibits, among other things, homosexual relationships. In the course of several years, Ms. Heintz came to terms with her homosexuality and her sexual orientation as a lesbian. Upon discovering this, Christian Horizons notified her that she was not complying with the Statement and required her to leave the organization as a result.
In the case of Christian Horizons, the Ontario Human Rights Tribunal ruled that it did not have the right to require its employees to sign the Lifestyle and Morality Statement. As a result of this investigation, it was found that Christian Horizons is primarily engaged in serving the disability-related needs of its clients, and the prohibition on homosexual relationships is not a legitimate job requirement as it relates to providing quality care and support for residents with disabilities.
The decision set forth in the decision not only that Christian Horizons was liable for lost wages, general damages, and mental anguish damages to Ms. Heintz, but also that Christian Horizons would no longer require employees to sign a lifestyle and morality statement; develop anti-discrimination policies; provide training to all employees and managers; and review all of its employment policies so that they are compliant with the Code.
Basically, this means that even faith-based organizations must respect the rights of other people, including their employees, in order to serve the general public.
Exemptions for Insurance Contracts
Exceptions to the rule that services and contracts must be offered without discrimination exist. If an insurance provider offers individual accident, sickness, or disability insurance or group insurance (not part of an employment situation), it may make distinctions on the basis of age, sex, marital status, and disability. There must, however, be legitimate and reasonable grounds for making these distinctions.
Employment Discrimination Under Government Contracts
Contracts with the government or subcontracts with the government are protected from discrimination. Contracts with government agencies are also covered by this right. Taking out government grants, contributions, loans or guarantees is protected from discrimination in employment. It also applies to government agencies.
A Tribunal will cancel a government contract, grant, contribution, loan or guarantee that is found to have been discriminatory in employment. It is not possible to enter into a new contract with the same person or make any further grant, contribution, loan or guarantee to them.
Impact & Benefit Agreements Under Ontario’s Human Rights Code
As a result of its support for developing and implementing preferential employment and contracting provisions in IBAs, the Ontario Human Rights Commission (OHRC) addresses historical disadvantages and promotes substantive equality for Aboriginal Peoples in Ontario when Aboriginal governments enter into IBAs. In accordance with section 14 of Ontario's Human Rights Code (the Code), the OHRC believes that preferential employment and contracting provisions in IBAs are consistent with "special programs".
The preferential employment provisions typically found in IBAs generally support the employment of Aboriginal Peoples in affected Aboriginal communities. They typically contain a wide range of commitments on behalf of the resource extraction company.
What Are Special Programs Under the Human Rights Code?
People who suffer hardship, economic disadvantage, inequality, or discrimination are entitled to assistance under the Code. A program of this type is referred to as a "special program" under section 14 of the Code. The purpose of section 14 is to address disadvantage and discrimination in all their forms and promote substantive equality. "Substantive equality" refers to understanding and meeting the needs of disadvantaged people and groups. Several forms of discrimination are considered, not all of which are obvious or intended. The same opportunities are often unavailable to people from historically disadvantaged groups (such as Aboriginal Peoples). There are special programs that help level the playing field. It also prevents people who do not face the same disadvantage from challenging special programs designed to assist disadvantaged groups. Organizations can promote substantive equality and address systemic discrimination by putting in place special programs.
Examples of common provisions include:
- Goals for a certain percentage of the workforce to be comprised of Aboriginal employees. This can also include goals specifically for hiring Aboriginal women.
- Hiring preference for people living in communities affected by the resource development project. A second opportunity to access jobs is provided first to affected Aboriginal Peoples living in adjacent communities or the region, and then to Aboriginal Peoples across the province.
- Availability of an on-site interpreter for employees whose first language is neither English nor French.
- Employment Assistance programs that offer culturally relevant support for Aboriginal employees.
Contracting:
- Where possible, contracting and sub-contracting related to the resource development project is to be given to qualified businesses that are owned at least in part by Aboriginal persons or governments.
- Requirements that all businesses contracted to employ Aboriginal employees.
Employment and contracting provisions in IBAs are special programs under the Code
Special programs can sometimes be resisted due to the perception that they merely change who is discriminated against. In IBAs, for example, non-Aboriginal people believe they are unfairly disadvantaged in competing for job opportunities due to preferential employment provisions. There have even been instances when non-Aboriginal individuals have filed human rights complaints, alleging employment discrimination.
In light of such a situation, it is clear that the purpose of section 14, as outlined above, is to provide a clear response. It is not legal for people who do not face the same disadvantage to challenge special programs, which are designed to aid disadvantaged groups. In the opinion of the OHRC, Section 14 of the Code would provide a complete defence to any allegation of discrimination, which could be based on that section. It goes without saying that the preferential employment and contractual provisions found in IBAs are by their very nature “designed to alleviate hardship or economic disadvantage, or to assist disadvantaged individuals or groups in achieving or trying to attain equal opportunity.” This is entirely in accordance with the purpose and aim of section 14 of the Code.
Frequently Asked Questions
Here are answers to some common questions.