Pharmacy Connection
In December 2024, the Board passed the Human Rights Policy. This policy reflects and consolidates existing expectations of registrants to comply 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.
This article provides a high-level understanding of the terms discrimination and harassment as understood by the Ontario Human Rights Commission. Understanding these terms will help registrants navigate potential instances of discrimination and harassment.
The Ontario Human Rights Commission’s understanding of discrimination and harassment informs how the College understands these terms when working with committees regarding complaints or other regulation-based issues.
Defining Discrimination
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 (note: this is not a legal definition).
Discrimination usually includes the following elements:
- Not individually assessing the unique merits, capacities and circumstances of a person
- Making stereotypical assumptions based on a person’s presumed traits
- Outcome of excluding persons, denying benefits or imposing burdens[1]
Discrimination is a result of the tendency to think of society as though everyone is the same as the people in power. The idea that the majority of people fit within the general assumption of being young, one gender, one race, one religion, or one level of ability. It is the failure to consider multiple perspectives, or not planning to include all people, that may result in barriers to access for persons identified by the Code. Even if unintended, such barriers are considered discrimination.
Some key points regarding discrimination according to the Ontario Human Rights Commission include:[2]
- Negative attitudes, stereotypes and biases lead to 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. Negative attitudes and stereotypes may lead to harassment and discrimination” - There are many forms of discrimination
“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 because of association
“Section 12 of the Code states that a person cannot be discriminated against or harassed because of their 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.” - Subtle discrimination
“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.” - Systemic discrimination
“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.”
Defining Harassment
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.[3]
The most important word in the definition of harassment is “unwelcome.” No one has the right to impose their words or actions on someone if they are not wanted. It does not matter if the person has done this intentionally or unintentionally.
Example: A white man who uses a wheelchair comes in to get a prescription filled. The pharmacist fills the prescription but doesn’t go through how to take the drugs or the side effects. As the man is leaving, he overhears the pharmacist say to his colleague, “There’s no point in explaining anything to people like that, they aren’t smart enough to understand what I’m saying any way.” The man realizes since he has moved to this pharmacy, he has never had anyone talk to him about his drugs or any potential side effects since his first visit. This is an example of harassment based on the protected ground of disability and is part of a series of on-going actions on the part of the pharmacist. It is reasonable to expect that the pharmacist should not make an assumption regarding the intelligence of a person with a disability because they use a wheelchair.
Test Your Knowledge: True or False
Use the below educational tool to anonymously test your knowledge on discrimination and harassment
- https://www3.ohrc.on.ca/en/iii-principles-and-concepts/2-what-discrimination ↑
- https://www3.ohrc.on.ca/en/iii-principles-and-concepts/2-what-discrimination ↑
- https://www3.ohrc.on.ca/en/guide-your-rights-and-responsibilities-under-human-rights-code/part-i-freedom-discrimination ↑
