EDI, Human Rights

Defining Discrimination, Harassment, and the Duty to Accommodate: The Building Blocks of the Human Rights Policy

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Building Blocks of Understanding
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Patients should expect pharmacy care that is respectful, inclusive, accessible, and free from discrimination. The College’s Human Rights Policy sets clear expectations: pharmacy services must be delivered without discrimination, in full compliance with provincial and federal human rights laws. This article series helps registrants understand key human rights concepts.

In December 2024, the Board passed the Human Rights Policy. The policy outlines the expectations placed on registrants in relation to compliance with federal and provincial legislation (including the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act), the Standards of Practice and the Code of Ethics.

The Human Rights Policy recognizes that patients deserve care that is respectful, inclusive, non-discriminatory, and complies with accessibility and human rights legislation. It also clearly outlines how pharmacy services must be provided to meet this commitment.

Protected Grounds

The Human Rights Code prohibits actions that discriminate against people based on a ‘protected ground’ in a protected social area.

Protected grounds are:

  • Age
  • Ancestry, colour, race
  • Citizenship
  • Ethnic origin
  • Place of origin
  • Creed (including religion)
  • Disability
  • Family status
  • Marital status (including single status)
  • Gender identity, gender expression
  • Receipt of public assistance (in housing only)
  • Record of offences (in employment only)
  • Sex (including pregnancy and breastfeeding)
  • Sexual orientation

Protected social areas are:

  • Accommodation (housing)
  • Contracts
  • Employment
  • Goods, services and facilities
  • Membership in unions, trade or professional associations.

A key consideration in understanding discrimination and harassment in Ontario and Canada is that human rights law has established that the intention of the harasser does not matter when deciding if harassment has occurred.[1] The Supreme Court of Canada has held that a lack of intention is no defense to an allegation of discrimination. It is enough if the conduct has a discriminatory effect, and the focus should be on the impact of the questionable behaviour.

Defining Discrimination, Harassment, and the Duty to Accommodate

To support registrants in understanding their obligations, there are three key terms and concepts that each registrant should understand: discrimination, harassment, and the duty to accommodate. These three terms are defined in the “Glossary of human rights terms” as put together by the Ontario Human Rights Commission.

Adapted from the Ontario Human Rights Commission Definitions[2]

Discrimination: treating someone unfairly by either imposing a burden on them, or denying them a privilege, benefit or opportunity enjoyed by others, because of their race, citizenship, family status, disability, sex or other personal characteristics.

Harassment: engaging in a course of vexatious [annoying or provoking] comment or conduct which is known or ought reasonably to be known to be unwelcome. Harassment under the Ontario Human Rights Code is based on the prohibited/protected grounds (see above list of protected grounds).

Duty to accommodate: Under the Ontario Human Rights Code, people identified by Code grounds are entitled to the same opportunities and benefits as everybody else.In some cases, they may need special arrangements or “accommodations” to take part equally in the social areas the Code covers, such as accessing pharmacy services.

Healthcare providers, including pharmacy professionals, have a legal obligation to accommodate Code-identified needs, unless they can prove it would cause them undue hardship. Undue hardship is based on cost, outside sources of funding and health and safety factors.

Resources
  • Appendix 1: Glossary of human rights terms
    • A glossary of human rights terms as defined by that Ontario Human Rights Commission
  • Human Rights 101
    • A module created by the Ontario Human Rights Commission which provides a basic understanding of rights and responsibilities under the Ontario Human Rights Code. It’s for information only. The module takes about 30 minutes to complete.
  • Guide to your rights and responsibilities under the Human Rights Code
    • The Guide to your rights and responsibilities under the Human Rights Code gives a basic overview of Parts I and II of the Ontario Human Rights Code (the Code), and offers explanations about these parts of the Code.
  • Duty to Accommodate
    • This webpage provides more information on how to understand one’s obligations regarding the duty to accommodate as defined through the Ontario Human Rights Commission.
  1. Ontario Human Rights Commission and O’Malley v. Simpson-Sears Ltd., (1985), supra, note 136; Action travail des femmes v. Canadian National Railway Co. (1987) , 8, C.H.R.R.D/4210 (S.C.C.). This principle was again confirmed in Smith v. Mardana Ltd. (2005), supra, note 59. ↑
  2. https://www3.ohrc.on.ca/en/teaching-human-rights-ontario-guide-ontario-schools/appendix-1-glossary-human-rights-terms ↑

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