Grounds and Areas of Protection Under Ontario’s Human Rights Code — Including Contractual Protections
Ontario’s Human Rights Code (the “Code”) protects people from discrimination and harassment in specific areas of public life based on personal characteristics, known as “grounds.” The settings where these protections apply are called “areas.”
Knowing these protections—and how they extend to contracts—is essential for both employers and employees navigating modern work and business relationships.
Protected Grounds
The Code lists 15 protected grounds, including:
Age
Ancestry, colour, race
Citizenship
Ethnic origin, place of origin
Creed (religion)
Disability
Family status
Marital status
Gender identity and gender expression
Sex (including pregnancy and breastfeeding)
Sexual orientation
Record of offences
These categories ensure that people are treated fairly and not excluded based on who they are or where they come from.
Areas of Protection
The Code applies in several key areas of public life, especially where power imbalances or systemic discrimination are likely to appear.
Protection applies in:
Employment – Hiring, promotions, compensation, workplace culture, and termination.
Services, goods, and facilities – Retail, restaurants, education, healthcare, and other service environments.
Accommodation (housing) – Renting, buying, or accessing housing.
Membership in unions and professional associations – Ensuring access to representation and collective benefits.
In each area, discrimination or harassment based on any protected ground is prohibited.
Protection in Contracts: A Hidden but Important Layer
Beyond workplaces and services, the Code also protects against discrimination in contracts under section 3:
“Every person having legal capacity has a right to contract on equal terms without discrimination because of [protected grounds].”
This means that individuals and businesses have the right to enter and carry out contracts without facing bias or exclusion based on protected grounds.
While other provinces include similar protections, Ontario’s section 3 is written more broadly and interpreted more protectively. Courts have confirmed that these rights apply both when forming a contract and while it’s being carried out.
In practice, this can include situations like:
A subcontractor denied opportunities because of their race or disability.
An independent consultant excluded from projects due to gender identity or family status.
Even outside a traditional “employment” relationship, discriminatory treatment in a business-to-business contract may still breach the Code.
Why It Matters
The Code’s broad protection—across employment, services, housing, membership, and contracts—reinforces Ontario’s commitment to fairness and dignity in every part of public life.
As business models and workplaces evolve, understanding how these human rights protections extend to contractual and freelance relationships is increasingly important. Whether you’re an employer drafting agreements, a contractor seeking equal treatment, or a service provider navigating obligations, the Code’s reach ensures everyone has a fair chance to work, grow, and do business on equal terms.
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