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ARTICLE · 07 NOVEMBER 2013

"Genetic Characteristics" As A Prohibited Ground of Discrimination?

McCarthy Tétrault
McCarthy Tétrault
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A recent private member's bill introduced by a Liberal MPP in the Ontario legislature would add "genetic characteristics" as a prohibited ground of discrimination to the Ontario Human Rights Code.

CanadaEmployment and HR

A recent private member's bill introduced by a Liberal MPP in the Ontario legislature would add "genetic characteristics" as a prohibited ground of discrimination to the Ontario Human Rights Code (the Code). As currently drafted, "genetic characteristics" would be defined as "genetic traits of an individual, including traits that may cause or increase the risk to develop a disorder or disease".

The definition is extremely broad and could lead to some odd and frivolous human rights complaints. For example, an applicant for employment could conceivably claim that he/she was denied a job because his/her curly hair was a genetic trait. Or an employee could claim harassment based on a co-worker's alleged "vexatious comment or conduct" about the employee's hair colour.

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