Race and Colour

Both the Ontario Human Rights Code and the Canadian Human Rights Act prohibit discrimination on the basis of race and colour. In addition, an employer is held to a strict duty of providing a work environment that is free from racial harassment. Racial harassment has been defined to include:

• demeaning racial remarks, jokes or innuendo about an employee
• racial remarks, jokes and innuendo made about other racial groups in the presence of an employee
• the displaying of racist, derogatory or offensive pictures, graffiti or materials
• racial remarks, jokes or innuendo about an employee or about the racial group of which they are a member, which are stated in the presence of a non-racial minority person.

Some human rights decisions have used the phrase "racially poisoned atmosphere" to describe a workplace in which racial harassment is prevalent.

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