Canada: Human Rights Legislation - Yukon

Last Updated: December 19 2014
Practice Guide by Blaney McMurtry LLP
STATUTE TOPIC PROVISION SOURCE
YUKON
Human Rights Act, RSY 2002, c 116 Prohibited Grounds 7. It is discrimination to treat any individual or group unfavourably on any of the following grounds
  1. ancestry, including colour and race;
  2. national origin;
  3. ethnic or linguistic background or origin;
  4. religion or creed, or religious belief, religious association, or religious activity;
  5. age;
  6. sex, including pregnancy, and pregnancy related conditions;
  7. sexual orientation;
  8. physical or mental disability;
  9. criminal charges or criminal record;
  10. political belief, political association, or political activity;
  11. marital or family status;
  12. source of income;
  13. actual or presumed association with other individuals or groups whose identity or membership is determined by any of grounds listed in paragraphs (a) to (l).
http://www.canlii.org/en/yk
/laws/stat/rsy-2002-c-
116/latest/rsy-2002-c-
116.html
Duty to provide for special need

[Defence]
8. (1) Every person has a responsibility to make reasonable provisions in connection with employment, accommodations, and services for the special needs of others if those special needs arise from physical disability, but this duty does not exist if making the provisions would result in undue hardship.

(2) For the purposes of subsection (1) "undue hardship" shall be determined by balancing the advantages and disadvantages of the provisions by reference to factors such as
  1. safety;
  2. disruption to the public;
  3. effect on contractual obligations;
  4. financial cost;
  5. business efficiency.
(3) This Act does not apply to structures which at the commencement of this Act were existing and complied with the applicable requirements of the Building Standards Act and regulations under that Act.
Prohibited discrimination 9. No person shall discriminate
  1. when offering or providing services, goods, or facilities to the public;
  2. in connection with any aspect of employment or application for employment;
  3. in connection with any aspect of membership in or representation by any trade union, trade association, occupational association, or professional association;
  4. in connection with any aspect of the occupancy, possession, lease, or sale of property offered to the public;
Reasonable cause

[Defence]
10. It is not discrimination if treatment is based on
  1. reasonable requirements or qualifications for the employment;
  2. a criminal record or criminal charges relevant to the employment;
  3. sex, so as to respect the privacy of the people to whom accommodations or a service or facility is offered; or
  4. other factors establishing reasonable cause for the discrimination.
Exemptions

[Defence]
11(1) It is not discrimination for a religious, charitable, educational, social, cultural, or athletic organization to give preference to its members or to people the organization exists to serve.

(2) It is not discrimination for individuals to give preference to members of their family.

(3) Section 9 does not apply to
  1. the employment of a person to provide services in a private home or in any exclusively religious, charitable, educational, social, cultural or athletic organization;
  2. the choice by an occupant of a private home of a boarder or tenant to occupy part of the home.
Special programs and affirmative action 13. (1) Special programs and affirmative action programs are not discrimination.

(2) Special programs are programs designed to prevent disadvantages that are likely to be suffered by any group identified by reference to a prohibited ground of discrimination.

(3) Affirmative action programs are programs designed to reduce disadvantages resulting from discrimination suffered by a group identified by reference to a prohibited ground of discrimination.
Harassment 14(1) No person shall
  1. harass any individual or group by reference to a prohibited ground of discrimination;
  2. retaliate or threaten to retaliate against an individual who objects to the harassment.
(2) In subsection (1), "harass" means to engage in a course of vexatious conduct or to make a demand or a sexual solicitation or advance that one knows or ought reasonably to know is unwelcome.
Retaliation 30. It is an offence for a person to retaliate or threaten to retaliate against any other person on the ground that the other person has done or proposes to do anything this Act permits or obliges them to do.
Prohibited discrimination
[Contracts]
No person shall discriminate

...

(e) in the negotiation or performance of any contract that is offered to or for which offers are invited from the public.
This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.

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