Legal Word of the Day: “Constructive discrimination”



“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

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