Ruling (.pdf) - International Center for Law and Religion Studies

including adherence to a statement of personal lifestyle andmorality statement standards.b. An order that any future morality statement in a preemploymentcontract at Waterloo 2 and 6 cannot refer to sexualorientation, marital status, same-sex partner status or familystatus.c. An order that Christian Horizons cannot subject existing orfuture employees to counselling because they are in a nontraditionalmarriage, or private living arrangement, or because oftheir sexual orientation.d. An order that Christian Horizons cannot subject existing orfuture employees to a contract that governs conduct in theirpersonal lives in a manner that would conflict with the employer’sobligations under the Human Rights Code.2008 HRTO 22 (CanLII)e. An order requiring Christian Horizons to report to the Ministryof Community and Social Services and the Ontario Human RightsCommission within four months of the date of your decision as towhat steps they have taken to ensure that all contracts for allpositions of employment at Christian Horizons are in conformitywith the Code. This report will include a detailed review of thequalifications and requirements for all positions of employment toensure that they are bona fide and reasonable. A job requirementwill not be bona fide and reasonable unless it cannot beaccommodated short of undue hardship. The report will alsoidentify those jobs which Christian Horizons regards as ones inwhich the requirement that the employee be Evangelical and notengage in gay relationships is a reasonable and bona fidequalification and cannot be accommodated short of unduehardship.f. Finally, the Commission requests that the Tribunal remainseized of this matter to deal with any future issues arising from itsorder e.g. if the Commission disagrees with Christian Horizonsthat a particular job requires that an employee be Evangelical andnot engage in gay relationships and cannot be accommodatedshort of undue hardship.[274] I have difficulty with several of the requests made by the Commission eitherbecause they are overly broad and do not flow from the circumstances, or they areinconsistent with the terms of the Code itself. For example, the Commission requeststhat I declare that the Lifestyle and Morality Statement does not apply at Waterloo 2 and6. In respect of the other residences, the Commission requests that Christian Horizons82