Legal Word of the Day: “Constructive discrimination”

Photo: Prague.com

Photo: Prague.com

“Constructive discrimination” – A requirement, qualification or factor exists that is not discrimination on a prohibited ground, but that results in the exclusion, restriction or preference of a group of persons who are identified by a prohibited ground of discrimination and of whom the person is a member.

See section 11 (1) of the Ontario Human Rights Code.

Case law example:

Ontario Nurses’ Association v. Orillia Soldiers Memorial Hospital, 1999 CanLII 3687 (ON CA) — 1999-01-12


Got something to say, add, clarify or retract? Leave a Reply

%d bloggers like this: