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7.6 Duty not to Discriminate

Lawyers have a special duty not to discriminate based on their professional and legal obligations. These obligations apply in workplace contexts both for colleagues and clients. Rules 6.3 and 6.3.1 of the Rules of Professional Conduct note:

6.3-3 A lawyer shall not sexually harass a colleague, a staff member, a client, or any other person.
6.3.1-1 A lawyer has a special responsibility to respect the requirements of human rights laws in force in Ontario and, specifically, to honour the obligation not to discriminate on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences (as defined in the Ontario Human Rights Code), marital status, family status, or disability with respect to professional employment of other lawyers, articled students, or any other person or in professional dealings with other licensees or any other person.
6.3.1-2 A lawyer shall ensure that no one is denied services or receives inferior service on the basis of the grounds set out in this
rule.
6.3.1-3 A lawyer shall ensure that their employment practices do not offend rule 6.3.1-1, 6.3.1-2 and 6.3-3.

The commentary under each section is also helpful in understanding and applying the Rules, including specific examples of how discrimination manifests in the workplace and in service provision.

 

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Learning in Place (4th Edition) Copyright © 2024 by Gemma Smyth is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.