Human rights code (protected grounds)

Human rights laws ban treating applicants or employees differently on protected grounds like age, sex, disability or religion. Lists vary by province.

Also called: protected grounds, prohibited grounds of discrimination, Human Rights Act, human rights legislation

What human rights code (protected grounds) means

Every province and territory has a human rights law, called a Code or an Act, and federally regulated employers are covered by the Canadian Human Rights Act. These laws make it illegal to treat a person differently in employment because of a protected ground, also called a prohibited ground of discrimination.

Protected grounds include things like race, colour, place of origin, religion or creed, age, sex (including pregnancy), sexual orientation, gender identity, marital and family status, and disability. Each law has its own list, and some provinces protect extra grounds, such as political belief or source of income.

Human rights law covers the whole employment relationship: job postings, application forms, interviews, hiring decisions, pay, training, discipline and ending employment. Small businesses are not exempt from these rules.

How it works

Discrimination does not have to be deliberate. A rule that seems neutral, such as "must work every Saturday" or "no head coverings", can discriminate if it puts people with a protected characteristic at a disadvantage. In that case, you must show the rule is truly needed for the job, and you have a duty to accommodate the person.

In hiring, keep every question and requirement about the job. Do not ask about age, children or family plans, where someone is from, health or religion. You can ask whether the person is legally entitled to work in Canada, and whether they can do a real duty of the job, with or without accommodation. Ask about criminal records only after a conditional offer and only if the job needs it.

Harassment linked to a protected ground is also discrimination. You are expected to prevent it and deal with it when it happens, including between co-workers.

If a person believes they were discriminated against, they can file a complaint with the human rights commission or tribunal in your province, or with the Canadian Human Rights Commission if you are federally regulated. Keep hiring notes, scoring sheets and reasons for decisions, so you can show what you based them on.

Human rights code (protected grounds) by province

The list of protected grounds differs by jurisdiction. These are examples of differences confirmed on official pages.

Where the work is done	The rule
Federal	Canadian Human Rights Act grounds: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and a conviction for which a pardon has been granted or a record suspended.
British Columbia	Includes Indigenous identity, and in employment also political belief and a criminal or summary conviction unrelated to the job.
Ontario	In employment: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex (including pregnancy and breastfeeding), sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status and disability.
Quebec	The Charter of human rights and freedoms protects people from being refused, dismissed or penalized because of a conviction unconnected to the job, or one for which they have a pardon.
Nova Scotia	The Human Rights Act includes source of income, irrational fear of contracting an illness or disease, gender identity and gender expression among its protected characteristics.

For other provinces and territories, see the human rights commission's list for where you hire; every jurisdiction covers the core grounds such as race, religion, sex, age and disability.

Example: A scheduling rule gets a second look

Ines runs a 15-person bakery in Lethbridge, Alberta. Her posting for a baker said "must be available every Friday evening and Saturday". A strong applicant tells her he observes a Sabbath from Friday sundown to Saturday sundown.

Ines looks at whether Friday evening and Saturday availability is truly needed. She finds she can schedule him Sunday to Thursday, with early-morning Friday shifts, and other bakers prefer weekends. She hires him and updates the posting to list the hours the job needs, without assuming who can or cannot work them.

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Questions about human rights code (protected grounds)

What are the protected grounds in Canadian human rights law?

They include race, colour, place or national origin, religion or creed, age, sex including pregnancy, sexual orientation, gender identity, marital and family status, and disability. Each province adds its own, such as political belief in British Columbia or source of income in Nova Scotia.

Does human rights law apply to small businesses?

Yes. Small businesses must follow the human rights law that applies to them, from the job posting to the end of employment.

Which human rights law applies to my business?

The law of the province or territory where you operate, unless you are a federally regulated employer, in which case the Canadian Human Rights Act applies.

Is a criminal record a protected ground?

In some form, in several places. The federal Act and Ontario protect pardoned convictions, and Quebec and British Columbia protect convictions not related to the job.

Official sources

General information for Canadian employers, not legal advice. Rules differ by province and territory and change over time, so check with your provincial employment standards office (or the federal Labour Program if you are federally regulated) before you rely on it. See employment standards by province.

Checked against official sources on 4 November 2026.