Section 5 creates a positive obligation on an employer to ensure that an employee’s right to equal treatment in employment without discrimination or harassment on the enumerated grounds is not infringed. This has been found to mean that if an employee experiences discrimination or harassment on an enumerated ground in the course of her employment, including from a person who is not the employer, the employer’s agent or another employee, the employer is required to do something (see, Laskowska v. Marineland of Canada Inc., 2005 HRTO 30).
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