What is a human right and workplace discrimination matter?
Human rights laws don’t guarantee equal treatment in the general sense. Under the Ontario Human Rights Code and the Canadian Human Rights Act, your workplace must be free of workplace discrimination, harassment, and reprisal or differential treatment due to certain protected characteristics.
It may be considered a human rights violation if you are treated differently because of your:
- age
- race/ethnicity/place of origin/ancestry/citizenship
- religion
- colour
- sex/gender/sexual orientation/gender expression
- family status/marital status
- disability
What types of situations constitute a human rights and workplace discrimination matter?
Human rights cases typically arise in the following situations if they relate to a protected characteristic:
- in an interview or hiring decision
- through disciplined or termination from employment
- through a demotion, pay cut or loss of responsibility
- by being denied a promotion or workplace opportunity
- by being denied benefits available to other employees (i.e., overtime, rate of pay, vacation scheduling)
- by not reinstating you to your original position after a leave of absence (i.e., sick leave, maternity leave)
- by denying necessary accommodations or modified work in the workplace
- by subjecting you to comments, displays, jokes, harassment, or a poisoned work environment
- through drug or alcohol testing
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What can you do about unfair discrimination in the workplace?
If you believe you have been discriminated against at work, you have the right to file a complaint with your employer without fear of reprisal. Your employer is obligated to protect you and legally required to investigate any allegations of workplace discrimination.
You can also file a human rights complaint with the appropriate human rights tribunal or commission, such as the Ontario Human Rights Commission, or advance your case in court as part of a wrongful dismissal lawsuit. Wrongful dismissal claims involving discrimination can include additional compensation for injury to dignity, feelings, and self-respect.
Regardless of whether you choose to pursue a human rights claim or take the matter to court; it is best to speak with experienced human rights lawyers to ensure your rights are being protected.
How can a human rights lawyer in Toronto at Whitten & Lublin help you take back control?
The workplace discrimination and human rights lawyers at Whitten & Lublin recognize the importance of living free of discrimination and strongly believe in fairness and equality. We regularly help clients with workplace human rights claims.
Whitten & Lublin employment lawyers have represented thousands of people, both in and out of the courtroom, who have faced various human rights violations and forms of discrimination. Our lawyers have pursued claims of discrimination before Human Rights Tribunals and all levels of Court in Ontario and other provinces.
When you’re ready to take your power back, take action to protect yourself against discrimination with Whitten & Lublin in your corner.
In Ontario, human rights laws are in place to protect you from discrimination in the workplace. These laws ensure that you are treated fairly and with dignity, regardless of your race, gender, age, disability, or other protected characteristics. Your employer is legally required to provide a workplace free from discrimination and harassment, ensuring that hiring practices, promotions, and workplace policies are fair and unbiased.
If your rights have been violated whether through discriminatory treatment, harassment, or denial of accommodations, you have legal options. At Whitten & Lublin, we help employees understand their rights, challenge workplace discrimination, and fight for the compensation and justice they deserve.
The Ontario Human Rights Code is the foundation of human rights law in the province. It prohibits discrimination in employment based on various protected characteristics, including race, ancestry, place of origin, ethnicity, religion, sex, gender identity, gender expression, age, disability, family status and sexual orientation.
The Canadian Human Rights Act provides comparable protections for federally regulated employees, like those working for banks or in the telecommunications sector.
Employers must also provide reasonable accommodations for employees with disabilities, religious needs, or family obligations, as long as it does not cause undue hardship. At Whitten & Lublin, our human rights discrimination lawyers can help you navigate the legal process and challenge unfair treatment.
Human rights laws in Ontario are enforced by two key organizations: the Human Rights Tribunal of Ontario (HRTO) and the Ontario Human Rights Commission (OHRC). While both play a role in protecting human rights, they serve different functions.
The Human Rights Tribunal of Ontario (HRTO) handles individual discrimination complaints from employees, tenants, and service users. If you have experienced discrimination at work, you can file a complaint with the HRTO, which has the authority to investigate cases, hold hearings, and award damages to victims.
The Ontario Human Rights Commission (OHRC) focuses on policy development, education, and advocacy rather than handling individual cases. The Canadian Human Rights Commission (CHRC) serves similar purposes for federally regulated employees.
No, it is illegal for an employer to reject a job applicant based on their race, gender, disability, or any other protected characteristic under the Ontario Human Rights Code and the Canadian Human Rights Act.
Unfortunately, discriminatory hiring practices still occur, sometimes in subtle ways. Employers may mask their bias by giving vague reasons for rejecting a candidate, such as stating that they are “not the right fit” or that there are “better-qualified applicants” when in reality, the decision was influenced by race, gender, disability, or another protected characteristic.
If you suspect that an employer refused to hire you for discriminatory reasons, you may have a valid human rights complaint. Our experienced employment lawyers can help you understand your options.
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In need of legal advice? We are committed to treating your case with the care, dedication, and compassion that you deserve. Contact our employment and labour lawyers today to learn how we can help you understand and resolve your workplace legal matter.
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