How Can We Stop Human Rights Violations in the Workplace?
Human rights violations are more common in the workplace than many people realize. They may be buried under discriminatory policies, overlooked by management, or brushed off as “the way things are.” But here’s the truth: workplace discrimination, harassment, and mistreatment based on personal characteristics, such as gender identity, national or ethnic origin, or family status, are never acceptable. They’re also illegal under Canadian law, including the Canadian Human Rights Act (CHRA) and Ontario Human Rights Act (OHRA). When employers fail to protect human rights, everyone suffers—employees, managers, and the organization as a whole.
Recognizing Human Rights Violations
Understanding what qualifies as a human rights violation is the first step in stopping them. These violations, which may be described as grave human rights violations when severe, often involve direct discrimination, harassment, or bullying. They can also include discriminatory practices that create barriers to fair treatment, often through policies that appear neutral but disproportionately harm certain groups. It can also be considered discrimination in situations where an employer fails to accommodate an employee’s restrictions. Employers are legally required to provide reasonable accommodations to the point of undue hardship.
The Canadian Human Rights Tribunal handles cases where there may be discriminatory practices, in pursuit of their mission “to resolve discrimination complaints and disputes about employment equity, pay equity and accessibility in a fair, independent and efficient way.” However, many cases do not reach the national level; for most people in Ontario, the Ontario Human Rights Tribunal is where complaints and disputes are addressed.
Discriminatory practices often manifest subtly. For instance, discrimination based on national origin might occur through unfair hiring practices, gender inequality may appear in the form of pay disparities. Ageism can appear when younger employees are promoted over equally qualified older colleagues, and it can also lead to terminations, as companies sometimes aim to reduce expenses by letting go of senior employees with higher salaries and pension costs.
Even harassment based on sexual orientation, family status, or religion can be pervasive, impacting one’s sense of respect and safety. Human rights violations don’t always present as huge, explosive events; they can be a series of offhand comments or exclusionary policies that add up over time, slowly eroding the dignity and well-being of those affected.
Human rights violations don’t just impact individuals—they create a toxic environment that affects everyone, not just the person involved. From lower morale to high turnover and even legal costs, the damage of these violations is significant. For example, discriminatory practices or sexual harassment affect not only individuals but also the organization, which risks lawsuits, lost productivity, and damaged reputation if human rights issues go unresolved. This is why employers must be proactive in protecting human rights to maintain a respectful and inclusive workplace. This includes having policies and procedures in place to accommodate employee restrictions, which can involve working with employees to craft detailed accommodation plans. This responsibility isn’t just about good business sense; it is a legal mandate for employers to actively protect employees’ human rights and foster a safe, fair work environment.
Canada’s Canadian Human Rights Act requires employers to take appropriate action to prevent human rights issues. Employers must actively work to create safe and inclusive spaces, with zero tolerance for discriminatory practices. This includes developing and enforcing policies that protect against discrimination, providing training, and creating a fair system for addressing complaints. Ignoring this organizational responsibility doesn’t just hurt employees; it exposes the organization to potential legal and reputational risks.
Action Steps for Employees Experiencing Violations
If you experience or witness a human rights violation, knowing your options can make a difference. Here’s how to protect yourself.
Document Everything: This is vital. Write down details of every incident you experience or witness. Include dates, times, locations, and any other people involved. Document what was said or done. When it’s time to report or seek help, these records will keep the facts clear. No exaggeration is needed—the truth, well-documented, speaks for itself.
Report to Management or HR: Don’t let it slide. If you feel safe doing so, report incidents of discrimination or harassment to HR or management. Present your documentation and clearly outline the issue. Reporting your experience is one step toward protecting yourself and ensuring your voice is heard.
Know Your Rights: Canadian law strongly protects against workplace harassment and discrimination, including protections against sexual harassment, discrimination based on gender identity, and violations based on ethnic origin.
If internal reporting doesn’t lead to an appropriate response, consider seeking legal assistance. At Whitten & Lublin, we’re experienced in many types of employment law cases related to workplace rights violations, including discrimination, harassment, and complex cases involving human rights. Our legal team can guide you through every step, from consultations to representation if necessary. You don’t have to handle this alone.
When Internal Solutions Aren’t Enough: Seeking Legal Help
Sometimes, internal processes are inadequate, and reporting to HR or management just doesn’t cut it. You may find that discriminatory practices persist despite complaints, or perhaps retaliation ensues. If this sounds familiar, it’s time to explore legal action.
Our team stands ready–we advocate for employees, offering support to ensure your voice is heard and your rights upheld. Whether through negotiation or legal action, we can guide you through the process of protecting yourself and ensuring your rights are respected.
Legal Support & Your Workplace Rights
Taking legal action does more than help you—it helps set a standard of accountability that protects others. Each case resolved sends a message: Canadian employees deserve workplaces free from human rights violations,
At Whitten & Lublin, our mission is to empower working Canadians by protecting their rights. Access to fair and respectful treatment at work isn’t a privilege; it’s a fundamental right and every victory strengthens the standards for fair treatment and respect in the workplace. Reach out online or call us at (416) 640 2667.