Bob Ringma to the rescue:
making the case for human rights protections

by Andrew Cardozo

1. Synopsis
2. Analysis
3. Experts

1. Synopsis

In late April, Reform MP Bob Ringma attacked the Liberal government's bill which would disallow discrimination on the basis of sexual orientation. He said that if the presence of a gay or Black employee was bad for business, he would move that person to the back of the shop or fire them.

2. Analysis

This is what unfair discrimination is all about. No one is suggesting that an incompetent gay or black person should not be fired. Only that, if the person is perfectly competent, but is picked on because of the sexual orientation or ethnicity - and not competence - then that action is considered to be discriminatory.

Further certain protections are provided in human rights codes for characteristics that are immutable, i.e. gender, race, national or ethnic origin, religion, age and disability. Some codes also provide protection to pregnant women. All these are subject to reasonable expectations, such that the Fire Department would not be obliged to a fire fighter who was blind or over the age of 80.

The critics like Ringma suggest that defining such protections constitute special protections for those groups mentioned. There are two problems with this analysis:

• Human rights codes do not mention "groups" such as women or ethnic minorities. They mention only the "grounds" for discrimination. So a person cannot be discriminated against on the basis of gender or race. The "ground" then provides people on both or all sides of the "ground". It equally protects men as it protects women - in relevance to the case at hand. So a hospital equally, cannot refuse to hire a male nurse as it cannot female doctor just because of their gender. A male nurse applicant and a female doctor applicant can both file human rights complaints.
• Those who allege discrimination based on an enumerated ground, get no special protection. If a woman or disabled person steals or does a lousy job, they can most certainly be fired. But a new manager who does not like working with women or with people in wheel chairs cannot enact their prejudices and summarily fire such employees.

3. Experts

• Rosemary Brown, Chief Commissioner, Ontario Human Rights Commission
• Professor Bill Black, University of B.C., Vancouver
• Raj Anand, Lawyer, Scott & Aylen, Toronto
• Amy Go, Panel Member, Court Challenges Program, Toronto