Human Rights Day is observed annually on December 10th around the world and commemorates the anniversary of one of the world’s most groundbreaking global pledges: the Universal Declaration of Human Rights (UDHR). This landmark document enshrines the inalienable rights that everyone is entitled to as a human being – regardless of race, colour, religion, sex, language, political or other opinion, national or social origin, property, birth or other status. The Declaration was proclaimed by the United Nations General Assembly in Paris on December 10th, 1948, and set out for the first time, universally protected human rights.
While the Universal Declaration of Human Rights is a global policy, Ontario has its own human rights legislation, the Human Rights Code (the “Code“), that came into effect on June 15th, 1962. The Code guarantees equality before the law and prohibits discrimination in areas such as housing and employment, as well as discrimination based on characteristics such as race, sex, or disability, known as “protected grounds”.
Employers must proactively provide workplaces where human rights are respected, and employees are afforded equal treatment in the context of the employment relationship. The concept of “equal treatment” in employment covers the application process, recruitment, training, transfers, promotions, and terminations. It also covers rate of pay, overtime, hours of work, holidays, benefits, discipline, and performance evaluations.
Examples of workplace human rights discrimination include the following:
- Discrimination: Where an employer makes an employment decision based on protected grounds, such as refusing to hire someone based on their ethnic background or refusing to hire a pregnant woman.
- Harassment: Where management or workers subject others to unwelcome comments or “jokes” that are offensive, demeaning, or belittling, such as sexual harassment or racial slurs.
- Retaliation: Where an employer punishes an employee for complaining about discrimination or harassment, such as demoting or terminating the employee.
- Failure to Accommodate: Where an employer does not provide reasonable accommodations for employees with disabilities, religious observances, or family responsibilities, such as refusing to adjust working hours for a single parent with childcare obligations.
What Does the Code Not Cover?
While employers have an obligation to comply with the Code, issues outside its protected grounds are not covered by it. If an employer makes an ordinary business decision, such as:
- reorganizing staff
- changing benefits
- altering job duties
If that decision does not discriminate on a protected ground or impose a discriminatory effect, then the Code may not provide recourse.
For example, an employer deciding to outsource a department for purely economic reasons may not trigger the Code unless it disproportionately affects a protected group and can be shown to constitute discrimination.
The Code also allows employers to discriminate if the employer can show that a job requirement is reasonable and is a bona fide requirement. For example, a taxi company looking to hire drivers could refuse to hire employees who are visually impaired and incapable of operating a vehicle.
Human Rights Violation – What to Do?
If you believe that your employer, whether it is management or a colleague, is violating the Code, employees should consider the following steps:
- Document all incidents of human rights violations, including keeping records of all related documents such as emails, internal messages, and witness statements.
- Report the Code violation to the company’s management or human resources department.
- If the company’s response to the reporting is unsatisfactory or inadequate, contact an employment lawyer, such as a member of the Whitten and Lublin team, to address and resolve your concerns.
If your employer has violated your rights under the Code, through discrimination, harassment, a failure to accommodate, or through reprisal, a member of the Whitten and Lublin team can provide guidance on your potential options.
All employees should feel free from workplace human rights violations, but if your employer has violated your Code rights, please get in touch with a member of the Whitten and Lublin team to discuss further. Contact us online or call 416 640 2667.
Author – Jordan Cantor
