What types of "discrimination" are illegal?

Question

I once took a psychology course where the professor pointed out that the word "discrimination" can be more broad than the way it is generally used. For example, it can be considered discrimination that only people above a certain height are hired as firefighters. Athletes may not make the team because they can't lift a certain amount etc.

What exactly counts as illegal discrimination? For example, I know a person can't be refused service due to their race or skin color.

In particular, I'm wondering about discrimination against students. There was a sign posted on a store saying, "only 3 students allowed in at a time". I've heard that was illegal as it presupposes students are thieves.

Answer 1

Even though student status is not on the list of protected classes, this still might be discrimination. By proxy.

Status as student can be a proxy for age, race, and/or color. Maybe even religion if there is a religious school nearby!

In fairness to the store manager, when a pack of ten kids comes rolling in on the way home from school things can get pretty hectic. Rather than try to kick out the problem kids many managers will attempt to avoid the problem in the first place.

Also, a sign like this might help the manager be less discriminatory. For example, let's say he lets all kids in and only kicks out the ones who are causing problems. If those problem kids are all in one protected class and it's different from the kids who don't get kicked out, the manager looks like he's discriminating based on that protected class.

Discrimination by proxy can be hard to prove and I am not sure of the burden of proof in Canada. I have read that "Canadian experience" is used as a proxy in employment discrimination and has been getting some attention lately. That might be a good issue to keep an eye on as it may define proxy discrimination jurisprudence.

Answer 2

In Canada, the Human Rights Act proscribes discrimination.

However, student status is not a grounds for discrimination as per the Act:

the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.