STATUTE | TOPIC | PROVISION | SOURCE |
MANITOBA | |||
The Human Rights Code, CCSM c H175 | Applicable
characteristics [Enumerated Grounds] |
9(2) The applicable
characteristics for the purposes of clauses (1)(b) to (d) are
|
http://www.canlii.org/en/m b/laws/stat/ccsm-c- h175/latest/ccsm-c- h175.html?searchUrlHash =AAAAAQAabWFuaXRvY mEgaHVtYW4gcmlnaHRz IGNvZGUAAAAAAQ |
Discrimination on
basis of social disadvantage [Defence] |
9(2.1) It is not discrimination on the basis of social disadvantage unless the discrimination is based on a negative bias or stereotype related to that social disadvantage. | ||
Criminal conduct
excluded [Defence] |
9(4) For the purpose of dealing with any case of alleged discrimination under this Code, no characteristic referred to in subsection (2) shall be interpreted to extend to any conduct prohibited by the Criminal Codeof Canada. | ||
Affirmative
action, etc. permitted [Defence] |
11 Notwithstanding any
other provision of this Code, it is not discrimination, a
contravention of this Code, or an offence under this Code
|
||
Reasonable accommodation required | 12 For the purpose of interpreting and applying sections 13 to 18, the right to discriminate where bona fide and reasonable cause exists for the discrimination, or where the discrimination is based upon bona fide and reasonable requirements or qualifications, does not extend to the failure to make reasonable accommodation within the meaning of clause 9(1)(d). | ||
Exception for age
of majority [Defence] |
13(2) Nothing in subsection (1) prevents the denial or refusal of a service, accommodation, facility, good, right, licence, benefit, program or privilege to a person who has not attained the age of majority if the denial or refusal is required or authorized by a statute in force in Manitoba. | ||
Discrimination in employment | 14(1) No person shall discriminate with respect to any aspect of an employment or occupation, unless the discrimination is based upon bona fide and reasonable requirements or qualifications for the employment or occupation. | ||
"any
aspect", etc. defined [cnt'd] |
14(2) In subsection (1),
"any aspect of an employment or
occupation"
|
||
Personal services
in private residence [Defence] |
14(8) For the purposes of
this section, it is a bona fide and reasonable requirement or
qualification where, in choosing a person to provide personal
services in a private residence, the employer discriminates for the
bona fide purpose of fostering or maintaining a desired environment
within the residence, if there is otherwise no contravention of
this Code in the employment relationship. 14(9) In subsection (8), "personal services" means work of a domestic, custodial, companionship, personal care, child care, or educational nature, or other work within the residence that involves frequent contact or communication with persons who live in the residence. |
||
Exception for age
of majority [Defence] |
14(10) Nothing in this section prevents a person from limiting the employment or occupation of a person under the age of majority, or from classifying or referring to a person under the age of majority for an employment or occupation, in accordance with a statute in force in Manitoba that regulates the employment or occupation of persons under the age of majority. | ||
Promotion of
belief [Defence] |
14(11) Nothing in this section prohibits the lawful and reasonable disciplining of an employee or person in an occupation who violates the duties, powers or privileges of the employment or occupation by improperly using the employment or occupation as a forum for promoting beliefs or values based upon any characteristic referred to in subsection 9(2). | ||
No reduction of wages, etc. | 14(12) An employer shall
not, in order to comply with this section,
|
||
Harassment | 19(1) No person who is
responsible for an activity or undertaking to which this Code
applies shall
19(2) In this section, "harassment" means
|
||
Reprisals | 20 No person shall deny
or threaten to deny any benefit, or cause or threaten to cause any
detriment, to any other person on the ground that the other person
|
||
Discrimination in contracts | 15(1) No person shall
discriminate with respect to
|
Take Note
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.