Ontario’s Religious Freedom Day, which commemorates victims of religious persecution and affirming the universal right to religious freedom. It reinforces the fact that religion is a protected ground in Canadian and Ontario human rights law, which means that it is prohibited to discriminate against an individual based on their religion.
How is religious discrimination defined in the workplace?
Nonetheless, religious discrimination still occurs, especially in the workplace, and is defined as unfair treatment, harassment, or denial of opportunities because of their religious beliefs or practices. In Ontario, employers are not merely prohibited from overt discrimination but are also obligated to reasonably accommodate employees’ sincerely held religious beliefs and practices, to the point of undue hardship.
What are the common forms of religious discrimination in the workplace?
Common forms of religious discrimination include:
- Refusing to hire or firing someone due to their faith.
- Denying promotions or training opportunities based on religion.
- Enforcing dress codes that conflict with religious attire, like prohibiting hijabs, turbans, or other religious garments.
- Failing to accommodate religious holidays, prayer times, or dietary restrictions.
- Harassing employees through comments, jokes, or hostile behaviour targeting their beliefs.
What actions can an employee take if their religious rights are being denied?
Employees in Ontario have strong legal protections against religious discrimination. If an employee experiences discrimination based on religion or creed, they can:
- Document the discrimination, including dates, details, and witnesses.
- Report the issue to their employer or human resources department and request reasonable accommodation.
- Seek legal advice to understand their options, including for a potential termination.
What must an employer do if an employee reports discrimination?
Employers must respond promptly and effectively to all complaints and are required to have policies and training in place to prevent discrimination and harassment. Accommodation can include altering work schedules, modifying dress codes, providing prayer space, or changing workplace policies to allow for observance of religious practices.
How can Whitten and Lublin help?
Religious discrimination is often difficult to perceive, as it can be unclear if an employee is truly experiencing a disadvantage, or if that disadvantage is truly based on their religion. Talking to an experienced employment lawyer can be essential in navigating these situations. Whitten and Lublin is here to assist you. Contact us online or by phone at (416) 640-2667.
Author – Aaron Zaltzman
