Common Definitions

A

allegations (of discrimination) - An assertion of discrimination made by a complainant in a complaint form.

alternative arrangements - An arrangement or change made to accommodate the needs of an individual, based on one of the 11 grounds of discrimination.

Anti-Black Racism - Anti-Black racism is prejudice, attitudes, beliefs, stereotyping and discrimination that is directed at people of African descent and is rooted in their unique history and experience of enslavement and its legacy. Anti-Black racism is deeply entrenched in Canadian institutions, policies and practices, to the extent that anti-Black racism is either functionally normalized or rendered invisible to the larger White society. Anti-Black racism is manifest in the current social, economic, and political marginalization of African Canadians, which includes unequal opportunities, lower socio-economic status, higher unemployment, significant poverty rates and overrepresentation in the criminal justice system.

B

Black femme harassment - Coined by Samantha Peters, Black femme harassment is any unwanted physical or verbal behaviour that offends or humiliates Black femmes, queer women, trans women, and other feminine presenting folks.

Examples of Black femme harassment include:

• makes slurs or “jokes” steeped in misogynoir;
• makes fun of you or insults you because of your Black queer femme identity;
• posts cartoons or pictures, in a workplace, school or housing space, that degrade your Black queer femme identity;
• calls you names because of the intersection of your race, colour, citizenship, place of origin, ancestry, ethnic background or creed, such as "Angry Black woman". (similar: racial harassment);
• making unnecessary physical contact, including unwanted touching and not taking “no” for an answer
• using queerphobic and/or transphobic language toward Black queer women, femmes and gender diverse folks;
• making sex-related comments about a person’s physical characteristic or actions based on and grounded in racial fetishization;
• saying or doing something because you think a person does not conform to sex-role stereotypes;
• posting or sharing pornography, sexual pictures or cartoons; and
• making sexual jokes based on harmful stereotypes of promiscuity etc. (similar: sexual harassment in employment)

C

Canadian Human Rights Act (the Act) - A federal law that protects all people who are legally in Canada from discrimination by federally regulated employers and service providers.

Canadian Human Rights Commission (the Commission) - An organization that was created by the Canadian Human Rights Act. It is separate and independent from the Government of Canada and the Tribunal.

Canadian Human Rights Tribunal (the Tribunal) - An organization that was created by the Canadian Human Rights Act. It is separate and independent from the Government of Canada and the Commission.

complainant - A person who files a discrimination complaint with the Commission.

complaint kit - The complaint kit contains the required forms and instructions for filing a complaint.

corrective measures - An order made by the Tribunal when it finds an organization has been discriminatory. Corrective measures may include making an organization:

• Change its rules and policies or create human rights policies.

• Pay the complainant lost wages or give them their job back.

• Take human rights awareness training.

• Pay for the complainant’s pain and suffering and any losses caused by the discrimination.

D

discrimination - Discrimination is an action or a decision that results in the unfair or negative treatment of a person or group, for reasons such as their race or age.

discrimination complaint - A complaint under the Canadian Human Rights Act.

discriminatory practice(s) - The following are examples of discriminatory practices when they are based on one of the grounds of discrimination:

• Denying someone goods, services, facilities or accommodation.

• Refusing to employ or continue to employ someone or treating them unfairly in the workplace.

• Paying men and women differently when they are doing work of the same value.

• Following policies or practices that deprive people of employment opportunities.

• Harassing someone.

• Retaliating against a person who has filed a discrimination complaint with the Commission, acted as a witness or represented the complainant.

duty to accommodate - The Act requires employers and service providers to accommodate peoples’ needs, when those needs relate to one of the 11 grounds of discrimination.

F

Federal Court - The Federal Court is Canada's national trial court that hears and decides legal disputes arising in the federal jurisdiction. This includes claims against the Government of Canada, civil suits in federally regulated areas and challenges to the decisions of federal tribunals.

federally regulated - The Act applies to federally regulated employers and service providers. These include:

• federal departments, agencies and Crown corporations

• chartered banks

• airlines

• interprovincial communications and telephone companies

• interprovincial transportation companies, like buses and railways that travel between provinces

• First Nations governments and some other First Nations organizations

• other federally regulated industries, like uranium mines

Femmephobia - [...] femmephobia can be defined as a systematic devaluation of femininity, by policing feminine qualities as they correspond with the dominant culture. This can operate through race, ethnicity, class, sexuality, ability, and so forth. Not only does this shift femininity to a subordinate status but it also creates power in those who are not viewed as feminine or maintain stereotypical gender roles. femmephobia [...] forces us to adhere to standards of presentation and then punishes us for it

G

grounds of discrimination - Reasons a person may experience discrimination. There are 11 reasons or ‘grounds’ that are protected under the Canadian Human Rights Act. This means that federally regulated employers and service providers cannot discriminate against people for these reasons. The 11 grounds of discrimination protected under the Act are:

• race

• national or ethnic origin

• colour

• religion

• age

• sex

• sexual orientation

• marital status

• family status

• disability

• a conviction for which a pardon has been granted or a record suspension has been ordered

H

human rights officer - A Commission employee who has expertise in human rights and dispute resolution.

human rights policies - Policies that protect human rights. They set guidelines for respectful behaviour and explain how an organization meets their responsibility to respect human rights.

I

internal dispute resolution process - A procedure (or set of procedures) that an employer, service provider or government institution develops to deal with allegations of discrimination. If an individual raises a human rights concern, the process is in place to address and potentially resolve the concern.

J

judicial review - If you or the respondent disagrees with a decision made by the Commission or by the Tribunal, you can ask the Federal Court to review the decision. This is called a judicial review.

M

Misogynoir - Coined by Moya Bailey, misogynoir is the specific hatred, dislike, distrust, and prejudice directed toward Black women (often used attributively).

P

public interest - A matter is in the public interest when the decision has the potential to clarify, influence, shape or define human rights law.

Q

Queer Femme -
Femme is a place of resistance to [that] degradation, a place to divest femininity of limiting stereotypes, and a place to assert the power and dignity of femaleness. Queer femmes are often put in the position of either having to assert or defend their queerness or resign themselves to being mistaken as straight.

R

respondent - The person or organization that a discrimination complaint is filed against.

retaliate or retaliation - Threatening, intimidating or treating another person badly because that person filed a discrimination complaint.

S

settlement - An agreement that outlines what each party involved in a discrimination complaint agreed to do to resolve the dispute.

U

undue hardship - Circumstances involving cost, health or safety issues that would make it impossible or very difficult for an employer or service provider to meet the duty to accommodate.