Discrimination Because of Association

Human Rights Code, RSO 1990, c H.19

12 A right under Part I is infringed where the discrimination is because of relationship, association or dealings with a person or persons identified by a prohibited ground of discrimination.

Allen v. Workplace Safety and Insurance Board, 2017 HRTO 787 (CanLII)

[9] The applicant argues that the WSIB should be held to account for discrimination on the basis of association – being the long term friendship between the initial case manager and the applicant’s former employer. The applicant argues that this ‘association’ resulted in biased decision making by the initial case manager whose decisions were followed for a period of time until overturned by a manager within the WSIB. The applicant outlines in significant detail the basis for his concern that the initial decision maker was biased. The applicant argues that this is discrimination because of association.

[10] The applicant outlines in great detail the basis for his concern that the initial decision maker was biased. His concern is understandable and for purposes of this Decision I have assumed that his assertions are true. However what he describes is not discrimination because of association.

[12] It is clear that the protection afforded by section 12 is the prevention of discrimination because of an association the aggrieved person has with a person identified by a prohibited ground of discrimination. For example the Code might apply if the basis for the applicant’s claim was that he was treated differently because of his association with a Black person or a citizen of another country even though he was not Black himself or not a citizen of a country other than Canada. In short, the section simply does not apply to an allegation of discrimination by a person because of an alleged association between that person and another person, it protects the applicant against discrimination because of their associations with other persons who are themselves identified by a prohibited ground of discrimination such as disability, race, colour, etc.