Understanding the Canadian Human Rights Act: A Guide for HR Professionals

The Canadian Human Rights Act (CHRA) is a cornerstone of workplace equality and fairness in Canada. Enacted in 1977, the Act aims to ensure that all individuals have an equal opportunity to make for themselves the lives they are able and wish to have, free from discrimination. For HR professionals and businesses, understanding and complying with the CHRA is crucial to fostering an inclusive and equitable workplace. This guide delves into the details of the CHRA and outlines steps for maintaining compliance.

Key Provisions of the Canadian Human Rights Act

1. Grounds of Discrimination

The CHRA prohibits discrimination based on the following grounds:

• Race
• National or ethnic origin
• Colour
• Religion
• Age
• Sex (including pregnancy and childbirth)
• Sexual orientation
• Gender identity or expression
• Marital status
• Family status
• Genetic characteristics
• Disability (including physical and mental disabilities)
• Pardoned conviction (or conviction for an offence for which a record suspension has been ordered)

2. Areas of Application

The Act applies to federal government departments, agencies, Crown corporations, and businesses in federally regulated sectors such as banking, telecommunications, and transportation. It covers employment, provision of goods, services, facilities, and accommodation.

3. Harassment

The CHRA defines harassment as any unwanted physical or verbal behaviour that offends or humiliates. Harassment can occur based on any of the prohibited grounds of discrimination.

4. Duty to Accommodate

Employers and service providers have a duty to accommodate individuals’ needs related to the prohibited grounds of discrimination, up to the point of undue hardship. This includes making adjustments or modifications to policies, practices, and environments to remove barriers to equal participation.

Steps to Ensure Compliance with the Canadian Human Rights Act

1. Develop Comprehensive Policies

Develop and implement clear anti-discrimination and anti-harassment policies. These policies should:

• Define what constitutes discrimination and harassment.
• State that the organization will not tolerate discrimination or harassment.
• Outline the procedures for reporting and addressing complaints.

2. Provide Training and Education

Conduct regular training sessions for employees and management on:

• The principles and requirements of the CHRA.
• The organization's policies on discrimination and harassment.
• How to recognize, prevent, and address discrimination and harassment.

3. Establish a Complaint Resolution Process

Create a transparent and accessible process for employees to report discrimination and harassment. This process should:

• Ensure confidentiality and protection from retaliation.
• Include a clear timeline for addressing complaints.
• Provide for fair and impartial investigation and resolution.

4. Conduct Regular Reviews and Audits

Regularly review and audit workplace policies, practices, and culture to ensure they align with the CHRA. This includes:

• Reviewing hiring practices, job descriptions, and employment contracts to ensure non-discriminatory language and practices.
• Monitoring workplace culture to identify and address any areas where discrimination or harassment may occur.

5. Foster an Inclusive Workplace Culture

Promote diversity and inclusion through:

• Encouraging diverse hiring and promotion practices.
• Supporting employee resource groups and diversity initiatives.
• Recognizing and celebrating cultural and diversity events.

6. Provide Reasonable Accommodations

Ensure that reasonable accommodations are provided for employees and customers with disabilities or other needs related to the prohibited grounds of discrimination. This can include:

• Modifying workspaces and schedules.
• Providing assistive devices or services.
• Adjusting policies and practices to remove barriers.

Penalties for Non-Compliance with the Canadian Human Rights Act

Non-compliance with the Canadian Human Rights Act can result in significant penalties and repercussions for businesses and organizations. It is crucial for HR professionals and employers to understand these consequences to ensure adherence to the law. Here are some of the potential penalties for violating the CHRA:

1. Financial Penalties

Organizations found in violation of the CHRA may be required to pay monetary damages to the complainant. These damages can include:

• Compensation for lost wages and benefits: If an individual is found to have been wrongfully terminated or denied employment.
• Compensation for pain and suffering: Awarded for emotional distress and harm caused by discrimination or harassment.
• Additional special compensation: In cases where the discrimination or harassment was found to be willful or reckless.

2. Legal Orders

The Canadian Human Rights Tribunal can issue various orders to rectify discriminatory practices, including:

• Cease and desist orders: Requiring the organization to stop the discriminatory practice.
• Policy changes: Mandating the implementation or revision of workplace policies and procedures to prevent future discrimination.
• Reinstatement: Ordering the reinstatement of an employee who was wrongfully terminated.
• Accommodation measures: Requiring the employer to provide necessary accommodations for employees with disabilities or other needs.

3. Reputational Damage

Non-compliance can severely damage an organization’s reputation, leading to:

• Negative publicity: Media coverage of human rights violations can harm an organization's public image.
• Loss of trust: Employees, customers, and stakeholders may lose trust in the organization, leading to decreased morale and potential loss of business.
• Difficulty in attracting talent: A tarnished reputation can make it challenging to attract and retain top talent.

4. Increased Scrutiny and Oversight

Organizations found in violation of the CHRA may be subject to increased scrutiny and oversight by regulatory bodies, including:

• Regular audits: Conducted to ensure ongoing compliance with human rights laws.
• Mandatory reporting: Requirements to report on measures taken to address and prevent discrimination and harassment.

5. Civil Litigation

In addition to the penalties imposed by the Canadian Human Rights Tribunal, individuals may also pursue civil litigation for damages resulting from discrimination or harassment. This can lead to:

• Costly legal battles: Significant legal fees and potential settlements.
• Additional financial liabilities: Further monetary compensation awarded by civil courts.

Conclusion

Compliance with the Canadian Human Rights Act is not only a legal obligation but also a critical aspect of fostering a fair and inclusive workplace. By understanding the provisions of the CHRA and implementing proactive measures, HR professionals and businesses can ensure they uphold the rights of all individuals and create a respectful and supportive work environment. Regularly revisiting and updating policies, training, and practices will help maintain compliance and promote a culture of equality and respect.

By taking these steps, businesses can contribute to a more equitable society while mitigating the risks associated with non-compliance. Adopting a proactive approach to human rights in the workplace is not just about avoiding legal consequences but about embracing diversity and inclusion as fundamental values.

Resources for Further Information

Canadian Human Rights Commission