Ontario Human Rights Code: All 17 Protected Grounds Explained
Ontario's Human Rights Code prohibits discrimination and harassment based on 17 protected grounds in five social areas. It applies to most interactions in Ontario — employment, housing, services, contracts, and membership in vocational associations. Understanding whether your situation falls within the Code is the critical first step.
The 17 Protected Grounds
| Ground | Includes |
|---|---|
| Race | Colour, ancestry, ethnic origin |
| Ancestry | Including Indigenous identity |
| Place of origin | Country you came from |
| Colour | Shade of skin colour |
| Ethnic origin | Cultural or ethno-religious background |
| Citizenship | Canadian citizen, PR, foreign national, stateless |
| Creed | Religious belief AND sincerely held moral/ethical belief systems |
| Sex | Including pregnancy, breastfeeding, gender expression/identity (see also: gender identity) |
| Sexual orientation | Gay, lesbian, bisexual, straight, asexual, etc. |
| Gender identity | A person's internal sense of gender |
| Gender expression | How a person expresses their gender publicly |
| Disability | Physical, mental, developmental; perceived disability; past disability; association with a person with a disability |
| Age | 18+ (most social areas); protects against discrimination at both ends of the spectrum |
| Marital status | Married, single, divorced, separated, widowed |
| Family status | Parent-child relationship; caregiving responsibilities |
| Record of offences | Provincial offences; pardoned federal offences (employment only) |
| Receipt of public assistance | Housing only — e.g., housing on ODSP cannot be refused |
The Five Social Areas
- Employment: Hiring, firing, terms and conditions, harassment
- Housing: Rental accommodation, maintenance, eviction
- Services, goods, and facilities: Stores, restaurants, government services, healthcare, schools
- Contracts: Agreements with others
- Membership in vocational associations / unions
The Code applies to conduct in these areas — personal conduct in your private life (among friends, family, strangers on the street) is generally not covered by the Code unless it involves one of these social areas.
What Counts as Discrimination?
Discrimination under the Code does not require intent. The test is whether the treatment:
- Creates a distinction (treating someone differently), or
- Creates a burden or disadvantage, or
- Fails to take steps to address an existing disadvantage
… and that treatment is connected to a protected ground.
Systemic discrimination counts: a neutral rule that has a disproportionate negative impact on a protected group can be discriminatory (adverse effect / constructive discrimination) even if there was no intent to discriminate.
The Duty to Accommodate
Where a rule, practice, or requirement has a discriminatory effect based on a protected ground, the employer, service provider, or landlord has a duty to accommodate to the point of undue hardship. Undue hardship considers:
- Cost (financial hardship)
- Outside sources of funding available
- Health and safety requirements
Employee size, inconvenience, and "it would affect morale" are NOT undue hardship. The duty is high — the accommodation must be genuine and explored in good faith.
Believe your rights under the Code have been violated? We can assess your HRTO application.
Book a Free Consultation
PIPEDA-compliant