Monday, March 4, 2019

this is the specific clause in ontario, which is not bc, but nonetheless:

Special employment  

24. (1) The right under section 5 to equal treatment with respect to employment is not infringed where,

 (a) a religious, philanthropic, educational, fraternal or social institution or organization that is primarily engaged in serving the interests of persons identified by their race, ancestry, place of origin, colour, ethnic origin, creed, sex, age, marital status or disability employs only, or gives preference in employment to, persons similarly identified if the qualification is a reasonable and bona fide qualification because of the nature of the employment;
(b) the discrimination in employment is for reasons of age, sex, record of offences or marital status if the age, sex, record of offences or marital status of the applicant is a reasonable and bona fide qualification because of the nature of the employment;
(c) an individual person refuses to employ another for reasons of any prohibited ground of discrimination in section 5, where the primary duty of the employment is attending to the medical or personal needs of the person or of an ill child or an aged, infirm or ill spouse or other relative of the person;
(d) an employer grants or withholds employment or advancement in employment to a person who is the spouse, child or parent of the employer or an employee;
(e) a judge or master is required to retire or cease to continue in office on reaching a specified age under the Courts of Justice Act;
(f) a case management master is required to retire on reaching a specified age under the Courts of Justice Act;
(g) the term of reappointment of a case management master expires on the case management master reaching a specified age under the Courts of Justice Act; or
(h) a justice of the peace is required to retire on reaching a specified age under the Justices of the Peace Act. R.S.O. 1990, c. H.19, s. 24 (1); 1999, c. 6, s. 28 (11); 2001, c. 32, s. 27 (5); 2005, c. 5, s. 32 (14); 2005, c. 29, s. 1 (2).

....and it is easy enough to see that a commission or judge would rule pretty easily that an individual's personal sex life has nothing to do with the nature of the employment.

an example of a situation where this clause would apply would be in telling a jew he can't teach at a christian school, because he doesn't believe in the resurrection of christ.

who you fuck, and how often, doesn't have any kind of causal connection on your ability to work in a library, or whether you identify as a member of a faith or not. it's just flat out discrimination - plain and simple.