Includes status as a refugee temporary resident or

Includes status as a refugee, temporary resident or permanent resident
o Exemptions (s.16):
 Meiorin 3 part test : where the law requires citizenship as
qualification; where the requirement for Canadian citizenship or
permanent residence in Canada has been adapted to foster
participation in cultural, educational, trade union, or athletic
activities; and where an employer imposes a preference that the
chief or senior executive is, or intends to become, a Canadian
citizen
 Creed
o Not defined but interpreted as protects people from being discriminated on
the basis of their religion or faith
o does not include political convictions
o prohibits one person from attempting to force another to accept or comply
with a particular religious belief or practice
o may require an employer to take positive measures, such as allowing
breaks for prayers at certain times

o exemption for special service organization
 Sex
o Sex (male or female), gender, identity, and pregnancy
o Protects the right to breastfeed in public areas
o Exemptions for special service organizations and BFOQs
o Ex. Employer’s discriminatory misconduct by insisting its female employee
wear a bikini top for a special event (gender-specific outfit)
o Ex. Firing an employee after learning that she is pregnant
o Example: Mottu v. McLeod case:
 21 year old waitress required to wear bikini top and shorts to work
for annual fundraiser with beach theme, employer called it the
required uniform
 Mottu worked but wore a sweater over bikini top
 McLeod as upset, moved her to quiet area, cut her hours, Mottu
eventually quit
 Issue: what this discrimination based on sex?
 Sexual orientation
 Gender identity
 Gender expression
o Prohibits sex stereotype, arguments based on “customer preference”
o Allow employee to self identify
o Employer’s responsibility to promote a respectful and harassment free
workplace
 Age
o Defined as 18 years or older
o Someone under the age of 18 cannot make an age-based application
related to employment
o Exemptions for 65 or older: eg. health benefits for older employees
o Burden of proof – prima facie
 Applicant must show that they are a member of a group protected
by the code, that they were subject to adverse treatment, and that
there was a connection between the adverse treatment and the
ground of discrimination

o After evidentiary burden on applicant is reached, employer must show that
balance of probabilities (credible and acceptable explanation for its
conduct)
o Exemptions for special service organizations and BFOQs
 Record of offences
o Only legal to discriminate on the basis of a criminal offence for which no
pardon has been obtained
o Discriminating against someone who has a criminal record without pardon
is allowed (ie. On job applications)
o Exemptions: direct discrimination where BFOQs
 Marital status
o Includes identity of the complainant’s spouse
o Exemptions: special services, BFOQs, and nepotism policies (policies that
allow the employer to discriminate either in favour of or against specified