There have been queries about reverse discrimination (racism) and Special Programs - Section 14 of the Ontario Human Rights Code (Code).
Section 14 of the Code states:
Special programs
14. (1) A right under Part I is not infringed by the implementation of a special program designed to relieve hardship or economic disadvantage or to assist disadvantaged persons or groups to achieve or attempt to achieve equal opportunity or that is likely to contribute to the elimination of the infringement of rights under Part I. R.S.O. 1990, c. H.19, s. 14 (1).
In response to concerns about reverse discrimination, the Ontario Human Rights Commission offers the following:
At one time, "equality" meant that everyone should receive the same or similar treatment. This is often referred to as “formal equality.” The problem is that “formal equality” ignores historical and ongoing barriers that some groups face, doesn’t recognize special needs, and can even perpetuate inequality for certain groups.
The first purpose of section 14 is to make sure that special programs, designed to help a disadvantaged group, cannot be challenged by people who do not face the same disadvantage. In legal terms, section 14 protects special programs from challenges based upon “formal equality” principles.
The second purpose of section 14 is to promote substantive equality.
“Substantive equality” means understanding and meeting the needs of disadvantaged persons or groups using historical, legal and social contexts. It takes into account discriminatory barriers in their many forms, not all of which are obvious or intended. For example, discrimination may be built into an organization’s behaviour, practices and policies. This can lead to a genuine disadvantage for some people based on a Code ground. This is called systemic or institutional discrimination. Organizations and institutions have an obligation to be aware of these forms of discrimination. When systemic discrimination is found to exist, an organization must change its practices.
Developing and putting in place special programs is an additional way that organizations can address systemic discrimination and promote substantive equality.
Some questions and concerns may arise about an organization’s decision to set up a special program. One question that an organization may be asked is, “Will the special program lead to ‘reverse discrimination’ where less qualified people are employed or assisted?”
It is common to see resistance to special programs based on the perception they just change who is being discriminated against. Special programs must respond to a proven need and real disadvantage. Systemic discrimination is often hidden. People from historically disadvantaged groups (for example, people from racialized groups, women and people with disabilities) often do not have access to the same opportunities as others. Special programs help level the playing field. (Source: Your guide to special programs and the Human Rights Code)
You are invited to read the following article on reverse racism - The Myth of Reverse Racism.
The Centre for Human Rights, Equity & Inclusion thanks you for helping to build a more inclusive Humber.
