The Code includes two grounds that provide protections for persons in relationships: marital status and family status. “Marital status” is defined in section 10 of the Code as “the status of being married, single, widowed, divorced or separated and includes the status of living with a person in a conjugal relationship outside marriage”, including both same-sex and opposite sex relationships.
“Family status” is defined as “the status of being in a parent and child relationship.” This can also mean a parent and child “type” of relationship, embracing a range of circumstances without blood or adoptive ties but with similar relationships of care, responsibility and commitment.
The grounds of marital and family status intersect to cover a range of family forms, including lone parent and blended families, as well as families where the parents are in a ‘common law’ relationship.
Relevant policy:
Family status and the Ontario Human Rights Code (fact sheet)
2007 - The Ontario Human Rights Commission has interpreted the ground of family status as protecting a range of families and familial relationships from discrimination. It protects parents from being discriminated against because they have children; it also protects adult children who experience discrimination because they are caring for their aging parents. It protects non-biological parent and child relationships, such as those formed through adoption, fostering, and step-parenting, as well as lone parent families, and those headed by LGBT persons.
Employment discrimination based on family status (fact sheet)
2007 - Under the Ontario Human Rights Code, persons in a parent-child relationship have a right to equal treatment in the workplace. This means that employers cannot discriminate in hiring, promotion, training, benefits, workplace conditions, or termination of employment because a person is caring for a child or parent.
Housing and family status (fact sheet)
2007 - The Ontario Human Rights Code prohibits housing providers from discriminating against families with children. This applies to renting, being evicted, building rules and regulations, repairs, and use of services and facilities.
Media advisory: Ontario Human Rights Commission releases Consultation Report and Policy on discrimination on the basis of family status
On Wednesday, May 2nd, Chief Commissioner Barbara Hall begins a four-city launch of the Ontario Human Rights Commission's Consultation Report and Policy on Discrimination on the basis of Family Status. The documents set out how family relationships affect access to employment, housing and services and human rights protections related to family status under Ontario’s Human Rights Code.
Policy and guidelines on discrimination because of family status
Launch of Commission's consultation report and policy of family status
I am excited to have the opportunity to share with you the results of the Ontario Human Rights Commission’s (the “Commission”) groundbreaking project on discrimination on family status. The project is the first in Canada to examine the human rights implications of the barriers faced by families who are caring for children, aging parents or relatives, and family members with disabilities.
The cost of caring: Report on the consultation on discrimination on the basis of family status
Commission appeals advance human rights law
Toronto - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.
Commission appeals advance human rights law (fact sheet)
June 2006 - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.
Ontario Human Rights Commission opens consultation to explore human rights and family relationships
Toronto - The Ontario Human Rights Commission began a consultation on human rights and family status today with the release of a Discussion Paper called, Human Rights and the Family in Ontario.