Protected Characteristics

Age discrimination includes being treated differently because you are perceived as either young or older.

Racial discrimination means that your employer is treating you differently because of your race or ethnic background. It may relate to skin colour or be based on stereotypes associated with certain racial groups.

• NOTE: The Nova Scotia Human Rights Act allows organizations to create programs or services for people who face barriers because of race. This means that it is usually not discrimination for employers to institute “affirmative action” style programs. The next chapter goes into more detail about exceptions to the Human Rights Act.

The ‘colour’ protected ground prevents employers from discriminating against an employee due to the colour of their skin. It can apply even when employees are of the same race but are treated differently because one has darker or lighter skin.

The religion protected ground prevents employers from discriminating against anyone for their religion. This may include refusing to hire someone because of their religion, or making inappropriate comments about an employee’s religion, but may also include operational decisions such as refusing to give employees time off for religious holidays.

Remember that discrimination does not need to be motivated by dislike of people of a certain religion. Employers have a duty to reasonably accommodate employees’ religious needs. If they fail to do so, even if they don’t hold discriminatory beliefs towards that religious group, they may be violating the Human Rights Act.

A person’s creed includes their belief system or faith, which may or may not be part of an organized religion. This can include personally held beliefs, values, or ethics that shape a person’s way of life and identity.

The sex ground prevents discrimination based on someone’s sex, including actual or perceived characteristics associated with sex. For example, employees who can or are perceived as able to give birth cannot be treated differently because an employer thinks they may become pregnant. Employers should also not assume what tasks someone can do based on gender or sexual stereotypes.

Sexual harassment is usually considered a form of discrimination under this ground.

Sexual orientation includes a person’s sexual or romantic preferences for a specific gender, or a lack of specific preferences. It protects members of the 2SLGBTQIA+ community, including but not limited to lesbian, gay, bisexual, queer, pansexual, and asexual people.

Discrimination can include unfair hiring practices, offensive comments, biased attitudes, or policies that refuse to recognize same-sex partners or marriages.

These grounds protect trans and non-binary people from discrimination.

• Gender identity refers to how someone identifies (e.g. man, woman, two-spirit, non-binary, or another identity).

• Gender expression refers to how someone presents their gender, such as through pronouns, clothing, or name.

Discrimination may include refusing to use correct pronouns, denying access to the appropriate washroom, or making offensive or transphobic comments.

Physical or mental disability refers to any physical or mental condition which impacts, or is perceived to impact, your employment. Physical disabilities that affect mobility, senses, or physical capacity are included, as well as mental illnesses such as depression, bipolar disorder, or anxiety. Cognitive disabilities like ADHD and autism are also included.

The category is broad, and there is room for interpretation. If a condition creates an actual barrier in the workplace, or if an employer treats you differently because they believe it does, it may fall under this ground.

This ground prevents employers from discriminating because they irrationally fear they may catch an illness from an employee. It applies to any communicable illness but was originally created to protect people living with HIV/AIDS.

It likely does not apply when an employer has a reasonable belief that an illness poses a health or safety risk (for example, if an employee currently has COVID-19 or the flu).

This ground protects employees from discrimination based on their birthplace, ancestry, or Indigenous identity.

• NOTE: In a legal context, the term “Aboriginal” is typically used to refer to Indigenous, Métis, or Inuk (Inuit) peoples.

Family status refers to relationships between parents and their children. It includes discrimination based on childcare responsibilities or caring for elderly parents.

• NOTE: Your employer may not refuse to let you return or demote you in any way for taking a Pregnancy or Parental leave.

Marital status includes relationships between married, common-law, or unmarried partners. Employers cannot discriminate based on whether you are, or are not, married or living with a partner.

This ground protects people from discrimination based on any legitimate source of income. For example, employers cannot treat someone differently because they receive Income Assistance or Disability.

Employers cannot treat employees differently because of their political beliefs or associations. However, employers may set rules about appropriate dress or behaviour at work. Preventing employees from displaying political messages while on the job is usually not considered discrimination.

This means an employer cannot treat you differently because you are friends with, related to, or connected to someone who is part of any of the protected groups listed.