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The Human Rights Code Part II

PROHIBITED CONDUCT AND SPECIAL PROGRAMS

"Discrimination" defined.
9(1)
In this Code, "discrimination" means

(a) differential treatment of an individual on the basis of the individual's actual or presumed membership in or association with some class or group of persons, rather than on the basis of personal merit; or
(b) differential treatment of an individual or group on the basis of any characteristic referred to in subsection (2); or
(c) differential treatment of an individual or group on the basis of the individual's or group's actual or presumed association with another individual or group whose identity or membership is determined by any characteristic referred to in subsection (2); or
(d) failure to make reasonable accommodation for the special needs of any individual or group, if those special needs are based upon any characteristic referred to in subsection (2).

Interpretation
9(1.1) In this Code, "discrimination" includes any act or omission that results in discrimination within the meaning of subsection (1), regardless of

(a) the form of the act or omission; and
(b) whether the person responsible for the act or omission intended to discriminate.

Applicable Characteristics.
9(2)
The applicable characteristics for the purposes of clauses (1)(b) to (d) are

(a) ancestry, including colour and perceived race;
(b) nationality or national origin;
(c) ethnic background or origin;
(d) religion or creed, or religious belief, religious association or religious activity;
(e) age;
(f) sex, including sex-determined characteristics or circumstances, such as pregnancy, the possibility of pregnancy, or circumstances related to pregnancy;
(g) gender identity;
(h) sexual orientation;
(i) martial or family status;
(j) source of income;
(k) political belief, political association or political activity;
(l) physical or mental disability or related characteristics or circumstances, including reliance on a service animal, a wheelchair, or any other remedial appliance or device.

Discrimination on basis of social disadvantage
9(2.1)
It is not discrimination on the basis of social disadvantage unless the discrimination is based on a negative bias or stereotype related to that social disadvantage.

Systemic discrimination;
9(3)
Interrelated actions, policies or procedures of a person that do not have a discriminatory effect when considered individually can constitute discrimination under this Code if the combined operation of those actions, policies or procedures results in discrimination within the meaning of subsection (1).

Criminal conduct excluded.
9(4)
For the purpose of dealing with any case of alleged discrimination under this Code, no characteristic referred to in subsection (2) shall be interpreted to extend to any conduct prohibited by the Criminal Code of Canada.

No condoning or condemning of beliefs, etc.
9(5
) Nothing in this Code shall be interpreted as condoning or condemning any beliefs, values, or lifestyles based upon any characteristic referred to in subsection (2).

Vicarious responsibility.
10
For the purposes of this Code, where an officer, employee, director or agent of a person contravenes this Code while acting in the course of employment or the scope of actual or apparent authority, the person is also responsible for the contravention unless the person

(a) did not consent to the contravention and took all reasonable steps to prevent it; and
(b) subsequently took all reasonable steps to mitigate or avoid the effect of the contravention.

Affirmative action, etc. permitted.
11
Notwithstanding any other provision of this Code, it is not discrimination, a contravention of this code, or an offence under this Code

(a) to make reasonable accommodation for the special needs of an individual or group, if those special needs are based upon any characteristic referred to in subsection 9(2); or
(b) to plan, advertise, adopt or implement an affirmative action program or other special program that

(i) has as its object the amelioration of conditions of disadvantaged individuals or groups, including those who are disadvantaged because of any characteristic referred to in subsection 9(2), and
(ii) achieves or is reasonably likely to achieve that object.

Reasonable accommodation required.
12
For the purpose of interpreting and applying sections 13 to 18, the right to discriminate where bona fide and reasonable cause exists for the discrimination, or where the discrimination is based upon bona fide and reasonable requirements or qualifications, does not extend to the failure to make reasonable accommodation within the meaning of clause 9(1)(d).

Discrimination in service, accommodation, etc.
13(1)
No person shall discriminate with respect to any service, accommodation, facility, good, right, licence, benefit, program or privilege available or accessible to the public or to a section of the public, unless bona fide and reasonable cause exists for the discrimination.

Exception for age of majority.
13(2)
Nothing in subsection (1) prevents the denial or refusal of a service, accommodation, facility, good, right, licence, benefit, program or privilege to a person who has not attained the age of majority if the denial or refusal is required or authorized by a statute in force in Manitoba.

Discrimination in employment.
14(1)
No person shall discriminate with respect to any aspect of an employment or occupation, unless the discrimination is based upon bona fide and reasonable requirements or qualifications for the employment or occupation.

"Any aspect", etc. defined.
14(2)
In subsection (1), "any aspect of an employment or occupation" includes

(a) the opportunity to participate, or continue to participate, in the employment or occupation;
(b) the customs, practices and conditions of the employment or occupation;
(c) training, advancement or promotion;
(d) seniority;
(e) any form of remuneration or other compensation received directly or indirectly in respect of the employment or occupation, including salary, commissions, vacation pay, termination wages, bonuses, reasonable value for board, rent, housing and lodging, payments in kind, and employer contributions to pension funds or plans, long-term disability plans and health insurance plans; and
(f) any other benefit, term or condition of the employment or occupation.

Employment advertising.
14(3) No person shall publish, broadcast, circulate or display, or cause to be published, broadcast, circulated or displayed, any statement, symbol or other representation, written or oral, that indicates directly or indirectly that any characteristic referred to in subsection 9(2) is or may be a limitation, specification or preference for an employment or occupation, unless the limitation, specification or preference is based upon bona fide and reasonable requirements or qualifications for the employment or occupation.

Pre-employment inquiries.
14(4)
No person shall use or circulate any application form for an employment or occupation, or direct any written or oral inquiry to an applicant for an employment or occupation, that

(a) expresses directly or indirectly a limitation, specification or preference as to any characteristic referred to in subsection 9(2); or
(b) requires the applicant to furnish information concerning any characteristic referred to in subsection 9(2);
unless the limitation, specification or preference or the requirement to furnish the information is based upon bona fide and reasonable requirements or qualifications for the employment or occupation.

Discrimination by employment agencies, etc.
14(5)
No person who undertakes, with or without compensation, to

(a) obtain any other person for an employment or occupation with a third person; or
(b) obtain an employment or occupation for any other person; or
(c) test, train or evaluate any other person for an employment or occupation; or
(d) refer or recommend any other person for an employment or occupation; or
(e) refer or recommend any other person for testing, training or evaluation for an employment or occupation;

shall discriminate when doing so, unless the discrimination is based upon bona fide and reasonable requirements or qualifications for the employment or occupation.

Discrimination by organizations, etc.
14(6)
No trade union, employer, employers' organization, occupational association, professional association or trade association, and no member of any such union, organization or association, shall

(a) discriminate in respect of the right to membership or any other aspect of membership in the union, organization or association; or
(b) negotiate on behalf of any other person in respect of, or agree on behalf of any other person to, an agreement that discriminates;

unless bona fide and reasonable cause exists for the discrimination.

Employee benefits.
14(7)
Subject to subsection 21 (6.4) of The Pension Benefits Act, the Lieutenant Governor in Council may make regulations prescribing distinctions, conditions, requirements or qualifications that, for the purposes of this section, shall be deemed to be bona fide and reasonable in respect of an employee benefit plan, whether provided for by individual contract, collective agreement or otherwise.

Personal services in private residence.
14(8)
For the purposes of this section, it is a bona fide and reasonable requirement or qualification where, in choosing a person to provide personal services in a private residence, the employer discriminates for the bona fide purpose of fostering or maintaining a desired environment within the residence, if there is otherwise no contravention of this Code in the employment relationship.

"Personal services" defined.
14(9)
In subsection (8), "personal services" means work of a domestic, custodial, companionship, personal care, child care, or educational nature, or other work within the residence that involves frequent contact or communication with persons who live in the residence.

Exception for age of majority.
14(10)
Nothing in this section prevents a person from limiting the employment or occupation of a person under the age of majority, or from classifying or referring to a person under the age of majority for an employment or occupation, in accordance with a statute in force in Manitoba that regulates the employment or occupation of persons under the age of majority.

Promotion of beliefs, etc.
14(11)
Nothing in this section prohibits the lawful and reasonable disciplining of an employee or person in an occupation who violates the duties, powers or privileges of the employment or occupation by improperly using the employment or occupation as a forum for promoting beliefs or values based upon any characteristic referred to in subsection 9(2).

No reduction of wages, etc.
14(12)
An employer shall not, in order to comply with this section,

(a) terminate the employment or occupation of any person; or
(b) reduce the wage level or diminish any other benefit available to any person in an employment or occupation; or
(c) change the customs, practices and conditions of an employment or occupation to the detriment of any person;

if the person accepted the employment or occupation, the wage level or other benefit, or the customs, practices and conditions in good faith.

"Employment or occupation" defined.
14(13)
In this section, "employment or occupation" includes

(a) work that is actual or potential, full-time or part-time, permanent, seasonal or casual, and paid or unpaid; and
(b) work performed for another person under a contract either with the worker or with another person respecting the worker's services.

Discrimination in contracts.
15(1)
No person shall discriminate with respect to

(a) entering into any contract that is offered or held out to the public generally or to a section of the public; or
(b) any term or condition of such a contract;

unless bona fide and reasonable cause exists for the discrimination.

Life insurance, etc., contracts.
15(2)
The Lieutenant Governor in Council may make regulations prescribing distinctions, conditions, requirements or qualifications that, for the purposes of this section, shall be deemed to be bona fide and reasonable in respect of life insurance, accident and sickness insurance or life annuities, whether provided for by individual contract, collective agreement, or otherwise.

Discrimination in rental of premises.
16(1)
No person shall discriminate with respect to

(a) the leasing or other lawful occupancy of, or the opportunity to lease or otherwise lawfully occupy, any residence or commercial premises or any part thereof; or
(b) any term or condition of the leasing or other lawful occupancy of any residence or commercial premises or any part thereof;

unless bona fide and reasonable cause exists for the discrimination.

Exception for private residence, etc.
16(2)
Subsection (1) does not apply to

(a) the choice of a boarder or roomer for a private residence by the occupier of the residence; or
(b) the choice of a tenant for a unit in a duplex by the owner of the duplex, if the owner occupies the other unit in the duplex.

Discrimination in purchase of real property.
17
No person shall discriminate with respect to

(a) the purchase or other lawful acquisition of, or the opportunity to purchase or otherwise lawfully acquire, any residence, commercial premises, or other real property or interest therein that has been advertised or otherwise publicly represented as being available for purchase or acquisition; or
(b) any term or condition of the purchase or other lawful acquisition of any such property or interest;

unless bona fide and reasonable cause exists for the discrimination.

Discriminatory signs and statements.
18
No person shall publish, broadcast, circulate or publicly display, or cause to be published, broadcast, circulated or publicly displayed, any sign, symbol, notice or statement that

(a) discriminates or indicates intention to discriminate in respect of an activity or undertaking to which this Code applies; or
(b) incites, advocates or counsels discrimination in respect of an activity or undertaking to which this Code applies;

unless bona fide and reasonable cause exists for the discrimination.

Harassment.
19(1)
No person who is responsible for an activity or undertaking to which this Code applies shall

(a) harass any person who is participating in the activity or undertaking; or
(b) knowingly permit, or fail to take reasonable steps to terminate, harassment of one person who is participating in the activity or undertaking by another person who is participating in the activity or undertaking.

"Harassment" defined.
19(2)
In this section, "harassment" means

(a) a course of abusive and unwelcome conduct or comment undertaken or made on the basis of any characteristic referred to in subsection 9(2); or
(b) a series of objectionable and unwelcome sexual solicitations or advances; or
(c) a sexual solicitation or advance made by a person who is in a position to confer any benefit on, or deny any benefit to, the recipient of the solicitation or advance, if the person making the solicitation or advance knows or ought reasonably to know that it is unwelcome; or
(d) a reprisal or threat of reprisal for rejecting a sexual solicitation or advance.

Reprisals.
20
No person shall deny or threaten to deny any benefit, or cause or threaten to cause any detriment, to any other person on the ground that the other person

(a) has filed or may file a complaint under this Code; or
(b) has laid or may lay an information under this Code; or
(c) has made or may make a disclosure concerning a possible contravention of this Code; or
(d) has testified or may testify in a proceeding under this Code; or
(e) has participated or may participate in any other way in a proceeding under this Code; or
(f) has complied with, or may comply with, an obligation imposed by this Code; or
(g) has refused or may refuse to contravene this Code.


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