Exceptions to Employer Obligations under the Human Rights Act

While the Nova Scotia Human Rights Act protects employees from discrimination, there are some exceptions where employers may lawfully treat employees differently based on protected characteristics.

These are outlined in Section 6(c)(i-iii) and (e) of the Human Rights Act and below.

First, employers may treat employees differently based on the above protected characteristics when they are domestic workers who live and work in a single-family home (e.g. a live-in nanny or aide). Certain domestic workers are also excluded from sections of Labour Standards legislation. For more on this, see the section on Labour Standards.

Additionally, when the employer is an ethnic or religious non-for-profit organization they may require employees to have certain characteristics if these are a “reasonable occupational qualification”. This exception usually applies to cultural or religious organizations where being intimately familiar with the culture or religion is necessary to meet the needs of the community. For example, a non-profit serving recent immigrants from a specific country might require a community outreach worker to speak the language and understand the cultural norms of that community.

Similarly, employees working in religious organizations to perform religious duties may also be required to follow specific religious practices or beliefs. This is most common in leadership or ministerial positions, where being a practicing member of the faith is necessary to meet the needs of the religious community. For example, a mosque hiring an imam to lead prayers can require that person to be a practicing Muslim and follow the same school of Islamic practice as the congregation.

Finally, “affirmative action” programs aimed at supporting individuals who experience a disadvantage as a result of a protected characteristic are permitted under the Act, even if they exclude employees who do not share that characteristic. These programs are intended to remove systemic barriers and promote equal opportunities in the workplace. For example, a university trying to address gender imbalances in a certain field might reserve a job posting for women applicants to help increase representation in the department.