Fact Sheet:
Prohibited Descrimination
Discrimination [s.9(1)] is differential treatment of an individual based on generalizations about a group to which they belong or are perceived to belong, rather than on their personal merit. There are many groups against whom generalizations can be made and against whom discrimination can be practised.
The Manitoba Human Rights Code [s.9(2)] expressly mentions some characteristics on which unreasonable discrimination is prohibited:
- ANCESTRY: includes COLOUR and perceived
RACE.
- NATIONALITY or NATIONAL ORIGIN.
- ETHNIC BACKGROUND or ORIGIN.
- RELIGION or CREED. or RELIGIOUS BELIEF, RELIGIOUS ASSOCIATION or RELIGIOUS ACTIVITY.
- AGE.
- SEX: includes PREGNANCY, the possibility of pregnancy or circumstances related to pregnancy.
- GENDER-DETERMINED CHARACTERISTICS not included above.
- SEXUAL ORIENTATION: this includes heterosexual, homosexual or bisexual orientation.
- MARITAL or FAMILY STATUS: examples include the status of being single, married, separated, divorced, remarried, common-law or widowed. Also included are the status of being a parent, having children or dependents, and the manner of becoming a parent. Family relationships based on blood or marriage ties are also covered.
- SOURCE OF INCOME: examples include such sources of income as employment earnings, social assistance, pension, alimony, child support, un-employment insurance, student loans, grants and scholarships.
- POLITICAL BELIEF, POLITICAL ASSOCIATION or POLITICAL ACTIVITY.
- PHYSICAL or MENTAL DISABILITY: or related characteristics or circumstances, including reliance on a guide dog or other animal assistant, a wheelchair, or any other remedial appliance or device. Disabilities covered can include mental, psychological or intellectual conditions and illnesses.
Discrimination [s.9(1)] also includes the failure to reasonably accommodate the special needs of an individual or group whose special needs are based on any of the above characteristics. (Please see the Commission's Fact Sheet on Reasonable Accommodation for further details.)
In determining whether discrimination has occurred, it is the effect, not the intention, that counts [s.9(3)].
The Manitoba Human Rights Code prohibits unreasonable discrimination in areas such as employment, housing, accommodation, the provision of services or contracts, and signs and notices. Human rights legislation has paramount status in Manitoba. This means that where there is a conflict with other provincial legislation, The Human Rights Code prevails.
This information is a simplified description of provisions under The Human Rights Code. For more information, consult The Code or contact The Manitoba Human Rights Commission.
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©1998 The Manitoba Human Rights Commission
