Ontario’s Legal Standpoint on Airline Discrimination
Overview of recent airline discrimination
Recent events involving the discriminatory treatment of black passengers on an American Airlines flight have shocked the conscience of the public about racial profiling and discrimination in the transportation sector. From a legal perspective, incidents of this nature raise important questions about human rights legislation and the obligations of service providers in Ontario.
Applicable legislation
Provincially, the Ontario Human Rights Code prohibits discrimination based on race, among other grounds, in the provision of goods, services, and facilities. Federally, the Canadian Human Rights Act also prohibits discrimination based on race. This means that employers, including airlines and other service providers, have a legal obligation to ensure that all patrons are treated equally and without discrimination.
Application
The incident in question, where black passengers were reportedly singled out and asked to leave the flight while white passengers were not subject to the same treatment, raises alarm bells and suggests potential violations of the Ontario Human Rights Code and Canadian Human Rights Act. If it is determined that the actions of the airline were motivated by racial bias or stereotypes, they may be found to have contravened the legislation.
Available forums
When an individual in Ontario experiences discrimination or harassment from a service provider, they may seek recourse at the Human Rights Tribunal of Ontario. This tribunal is a forum that addresses and resolves claims of discrimination and harassment brought under Ontario’s Human Rights Code. The process generally involves the exchange of documentation, an optional mediation, and, if the matter has not yet resolved, a hearing. The benefits of this forum include remedies for the successful party, such as compensation and changes to discriminatory practices.
A similar forum is available to individuals for federal matters at the Canadian Human Rights Tribunal.
What we can do for you
If you feel you have been discriminated against by a service provider in Ontario, you are encouraged to seek legal advice. At Whitten & Lublin, we handle cases involving discrimination and breaches of Ontario’s Human Rights Code, and we provide individuals with legal advice unique to their circumstances. To reach us, please contact us online or by calling (416) 640-2667.
Author – Carly Waisglass