Human rights discrimination in the workplace is a serious legal and ethical issue in Ontario. Employees are protected under the OntarioHuman Rights Code against unfair treatment, harassment, or retaliation based on protected grounds, including race and colour. Recent high-profile cases, such as an $11.5 million award in the United States against the Society for Human Resource Management (SHRM) for racial discrimination and retaliation, illustrates the real consequences of workplace bias.
Understanding what constitutes discrimination and reprisal, and knowing your rights under the Code, is critical for both employees and employers seeking to maintain a fair and legally compliant workplace.
What is human rights discrimination in the workplace?
Human rights discrimination occurs when an employee is treated unfairly, harassed, or denied opportunities because of a protected ground under the Ontario Human Rights Code, such as race or colour.
What is a reprisal under the Ontario Human Rights Code?
Reprisal is any action or threat intended to punish an employee for asserting their rights under the Code. Employees do not need to prove their rights were violated, only that the employer acted against them for trying to enforce a Code right.
Can employees pursue damages for discrimination or reprisal?
Yes. Employees who experience discrimination or reprisal can bring a claim under the Code to seek human rights damages. Employers who retaliate against complaints may be held liable even if the underlying discrimination claim is not fully proven.
What Happened in the SHRM Case (US Example)
In December 2025, the Society for Human Resource Management (“SHRM”) was ordered to pay $11.5 million in a racial discrimination and retaliation case brought by a former US employee. The jury found that SHRM was liable for racial discrimination and retaliation against a former US employee, in which the employee raised complaints related to systemic favouritism towards white employees over their non-white colleagues. After the employee formally complained of discrimination, her manager began to exclude her from meetings and provided her with unrealistic expectations to complete major company projects. The employer terminated her shortly after her formal complaint allegedly for failing to complete projects on time.
Human Rights Protections in Ontario
In Ontario, employees are protected from discrimination and harassment under the Ontario Human Rights Code based on protected grounds, including:
- race
- colour
- disability
- age
- gender identity or expression
It is illegal to treat someone unfairly, restricting opportunities, and harassing employees entirely or in part due to any of these protected grounds. If an employee is experiencing differential treatment entirely or in part due to their race or their colour, an employee is able to advance human rights discrimination claims against the employer for human rights damages.
Understanding Reprisals under the Ontario Human Rights Code
The Code also protects employees if they experience reprisal or threats of reprisal due to an employee asserting their rights under the Code. Reprisal is defined under the Code as an action, or threat, that is intended to punish an employee for claiming or enforcing under the Code. Examples include:
- Threatening an employee with termination for filing a discrimination complaint
- Demoting or isolating an employee for raising a human rights issue
- Changing project expectations in a punitive manner
To prove reprisal, an employee does not have to show that their rights were infringed. Rather, an employee must demonstrate that the employer acted or threatened to act against the employee for trying to enforce a Code right.
Practical Implications
- For Employees: Know your rights and document any discriminatory or retaliatory actions. Filing a complaint may allow you to seek damages under the Code.
- For Employers: Investigate complaints thoroughly, prevent retaliation against an employee and train managers on human rights obligations. An action that can be viewed as reprisal may make an employer liable for human rights damages.
Frequently Asked Questions About Human Rights Discrimination in Ontario
What constitutes human rights discrimination in the workplace?
Any unfair treatment, harassment, or denial of opportunities based on a protected ground under the Ontario Human Rights Code, including race, colour, disability, or gender identity.
What is considered reprisal under the Ontario Human Rights Code?
Reprisal is any action or threat intended to punish an employee for asserting their rights under the Code, such as filing a complaint or participating in an investigation.
Can employees pursue damages for discrimination or reprisal?
Yes. Employees can file a claim with the Human Rights Tribunal of Ontario to seek human rights damages, even if the employer disputes the underlying discrimination.
What should employers do to prevent liability?
Investigate complaints promptly, maintain documentation, and ensure no retaliation occurs. Proper training and proactive policies can prevent liability under the Code.
Key Takeaways
Ontario employees are protected from discrimination based on protected grounds in the Ontario Human Rights Code, including race and colour.
- Reprisal occurs when an employer punishes or threatens an employee for asserting their rights under the Code.
- Employees can seek human rights damages if they experience discrimination or retaliation.
- Employers have a legal obligation to investigate complaints and prevent retaliation.
- Proper documentation, policies, and training are critical to compliance.
Why this matters in Ontario:
Whitten & Lublin is a Toronto-based employment law firm with extensive experience advising and litigating human rights and workplace discrimination disputes in Ontario. The firm represents both employees and employers in matters involving discrimination, retaliation, and other post-employment obligations under the Ontario Human Rights Code.
How can Whitten & Lublin help?
If you have been experiencing human rights discrimination or retaliation at your workplace, we can assist with your matter. Contact us for further information regarding your entitlements online or by phone at (416) 640-2667.
Author – Abby Leung
