Human Rights and Workplace Discrimination

Human rights laws provide you with the right to equal treatment in the workplace

Here is the information you require to better understand human rights and workplace discrimination:


What is a human right and workplace discrimination matter?

Human rights laws don’t guarantee equal treatment in the general sense. In Ontario, and throughout Canada, your workplace must be free of workplace discrimination, harassment, and reprisal or differential treatment due to certain protected characteristics.

It may be discrimination if you are treated differently because of your:

  • age
  • race/ethnicity/place of origin/ancestry/citizenship
  • religion
  • colour
  • sex/gender/sexual orientation/gender expression
  • marital/family 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
What can you do?

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 complaint with the appropriate human rights tribunal or 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 which path you select; it is best to speak with an experienced employment lawyer to ensure your rights are being protected.

How can the employment lawyers at Whitten & Lublin help you take back control?

The 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 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.

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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 us to learn how we can help you understand and resolve your workplace legal matter.

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