EXECUTIVE SUMMARY 2. Prohibited conduct Comprehensive anti-discrimination legislation must explicitly define and prohibit all forms of discrimination recognized under international law, including (a) direct discrimination; (b) indirect discrimination; (c) harassment; (d) denial of reasonable accommodation; (e) failure to ensure accessibility; (f) segregation; and (g) victimization (retaliation). Anti-discrimination law must prohibit instruction and incitement to any form of discrimination. Discrimination may be committed intentionally or unintentionally. Discrimination may also be overt or covert. The prohibition of discrimination includes all forms of discrimination. It covers each of the following forms of prohibited conduct: • Direct discrimination occurs when a person is treated less favourably than another person is, has been or would be treated in a comparable situation on the basis of one or more protected grounds; or when a person is subjected to a detriment on the basis of one or more grounds of discrimination. • Indirect discrimination occurs when a provision, criterion or practice has or would have a disproportionate negative impact on persons having a status or a characteristic associated with one or more grounds of discrimination. • Ground-based harassment occurs when unwanted conduct related to any ground of discrimination takes place with the purpose or effect of violating the dignity of a person and of creating an intimidating, hostile, degrading, humiliating or offensive environment. • Reasonable accommodation means necessary and appropriate modifications or adjustments or support, not imposing a disproportionate or undue burden, to ensure the enjoyment or exercise, on an equal basis with others, of human rights and fundamental freedoms and equal participation in any area of life regulated by law. Denial of reasonable accommodation is a form of discrimination. • Accessibility is a proactive, systemic duty that requires the adoption and implementation of measures necessary to ensure equal access to the physical environment, to transportation, to information and communications, to places of work, education and health care and to other facilities and services open or provided to the public. The State is obliged to ensure accessibility in all spheres of life. Failure to comply with accessibility standards is a form of prohibited conduct. • Segregation occurs when persons sharing a particular ground are, without their full, free and informed consent, separated and provided different access to institutions, goods, services, rights or the physical environment. • Victimization occurs when persons experience adverse treatment or consequences as a result of their involvement in a complaint of discrimination or to proceedings aimed at enforcing equality provisions. Sexual harassment is a distinct form of harm entailing unwanted conduct or behaviour that is sexual in nature. The duty to prohibit sexual harassment forms a specific and complementary obligation. States may prohibit sexual harassment in legislation on specific sexual offences, in the criminal law more broadly or in other legislation. The prohibition of sexual harassment should be defined separately and in addition to the prohibition of ground-based harassment. Sexual harassment occurs when unwanted conduct of a sexual nature takes place with the purpose or effect of violating the dignity of a person in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment. xiii