Discrimination and Harassment at Work in Ontario

Discrimination vs. Harassment: Understanding the Differences in Ontario Employment Law

Discrimination and harassment are two distinct but often interrelated concepts in employment law. Both can have significant negative impacts on individuals and workplaces. This blog post will explore the differences between these two concepts, their legal implications, and the protections afforded to employees under Ontario law.

Workplace Discrimination

Under the Ontario Human Rights Code, the act of “discrimination” occurs when an individual is treated differently or unfairly based on a protected ground (or personal human characteristic that cannot be changed). In Ontario, the Human Rights Code prohibits discrimination based on the following grounds:

Race
Ancestry
Place of origin
Colour
Ethnic origin
Citizenship
Creed
Sex
Sexual orientation
Gender identity
Gender expression
Age
Disability
Family status
Record of offences

Workplace discrimination can take many forms, including:

Direct discrimination:Treating someone differently because of a protected ground, such as their older age, sex or disability.
Indirect (or adverse) discrimination: Applying a workplace rule or policy that has a discriminatory impact on a particular group (even if not intentional).
Discrimination by association: Discriminating against someone because of their association, relationship or dealings with another person from a protected group (e.g., race or colour). In these cases, you have this protection whether or not you are identified by a ground in the Human Rights Code. For example, a restaurant owner refuses to serve you because you are with someone who is a member of a racialized group, or a landlord refuses to rent an apartment to you because your co-tenant is a woman with a young child.
Discrimination by perception:Discriminating against someone because of a mistaken perception about their protected ground. While the Human Rights Code sets out various types of conditions, the list does not refer to every type of disability that is covered. As such, a person who is perceived to have a disability is also protected by the Code, even if that person does not have a specific disability. This is because section 10(3) of the Human Rights Code specifically protects persons who have had a disability in the past, as well as people who are believed to have, or have had a disability. For example, an employee tells his supervisor that he got hurt on the job and will be filing a claim under the workers’ compensation. The supervisor says, “Just get out of here.” The employee takes this to mean that he has been fired. This employee is protected under the Code ground of disability, and such a wrongful dismissal (which entitles the employee to a severance package) would be viewed as discriminatory.

Workplace Harassment

Under Ontario Occupational Health and Safety Act, “harassment” at work occurs when a person engages in unwelcome conduct that is known or ought reasonably to be known to be unwelcome. This conduct can create a hostile or offensive work environment and can take many forms, including:

Sexual harassment: Unwelcome sexual advances, requests for sexual favours, or other sexual conduct.
Racial harassment: Racial slurs, jokes, or stereotypes.
Religious harassment: Making derogatory comments about someone’s religion or beliefs.
Disability harassment: Making fun of or discriminating against someone with a disability.
Bullying and intimidation: Engaging in behavior that is intended to intimidate, humiliate, or bully someone.

Overlap Between Workplace Discrimination and Harassment

Discrimination and harassment often go hand-in-hand. In many cases, discrimination and harassment can overlap. Recognizing the overlap between these two concepts is crucial for effectively addressing and preventing them.

Here are some common examples of how these two concepts can intersect:

Sexual Harassment as a Form of Sex Discrimination

Unwelcome sexual advances: This can include unwanted physical contact, sexual comments, or suggestive gestures.
Hostile work environment: A work environment filled with sexual innuendo, offensive jokes, or sexually suggestive images can create a hostile environment for employees.
Sexual coercion: Demanding sexual favors in exchange for job benefits or promotions.

Racial or Ethnic Harassment as a Form of Racial Discrimination

Racial slurs or jokes: Using derogatory language or making offensive jokes about someone’s race or ethnicity.
Stereotyping: Making assumptions about someone’s abilities or behaviour based on their race or ethnicity.
Exclusion or isolation: Excluding someone from social or work-related activities based on their race or ethnicity.

Disability Harassment as a Form of Disability Discrimination

Bullying or intimidation: Targeting someone with a disability for their disability.
Making fun of or mocking a disability: Ridiculing someone’s disability or impairment.
Denying reasonable accommodations: Refusing to provide necessary accommodations to enable an employee with a disability to perform their job.

Religious Harassment as a Form of Religious Discrimination

Making derogatory comments about someone’s religion: Using offensive language or stereotypes.
Pressuring someone to convert to a different religion: Trying to force someone to change their religious beliefs.
Denying religious accommodations: Refusing to accommodate an employee’s religious practices or beliefs.

Age Discrimination and Harassment

Ageist stereotypes: Making assumptions about someone’s abilities or potential based on their age.
Discriminatory treatment: Treating older employees differently than younger employees.
Bullying or harassment based on age: Making fun of someone’s age or appearance.

By understanding the nuances of discrimination and harassment, individuals can take steps to protect themselves and create a more inclusive and respectful workplace.

Legal Remedies and Protections

Both discrimination and harassment are prohibited under Ontario’s Human Rights Code. If you believe you have been subjected to discrimination or harassment, you can file a complaint with the Human Rights Tribunal of Ontario. The Tribunal has the power to order remedies, such as compensation, reinstatement, and apologies.

Employer’s Obligations

Employers have a duty to provide a safe and respectful workplace, free from discrimination and harassment. They should take steps to prevent and address harassment and discrimination, including:

Developing and implementing a workplace harassment and discrimination policy.
Providing training to employees on harassment and discrimination prevention.
Investigating complaints promptly and fairly.
Taking disciplinary action against employees who engage in harassment or discrimination.

Seeking Legal Advice

If you believe you have been subjected to discrimination or harassment in the workplace, it is important to seek legal advice from an employment lawyer. A Toronto employment lawyer can help you understand your rights, assess your legal options, and represent you in legal proceedings.

By understanding the differences between discrimination and harassment, employees can protect their rights and create a more inclusive and respectful workplace.

As such, it is important for employers should have clear policies and procedures in place to prevent and address both discrimination and harassment. On the other hand, employees should be aware of their rights and know how to report incidents of discrimination and harassment.

Book a Consultation with an Employment Lawyer in Toronto

At Bune Law, we understand and are familiar the complexities of workplace law and are committed to helping both employers and employees navigate these challenges. Whether you are an employer or employee dealing with employment contracts, workplace disputes like a wrongful dismissal or constructive dismissal, or simply need guidance on your rights and obligations for a severance package review and negotiation, our experienced employment lawyer is here to assist you.

Book a confidential consultation with our Toronto employment law firm to protect your legal rights to understand your options and protect your rights.

Why Choose Bune Law When You Need an Ontario Employment Lawyer?

Experience in all areas of workplace law, including wrongful dismissal claims, constructive dismissal claims, severance package reviews, severance package negotiations, discrimination and human rights disputes, and employment contract reviews.
Proven track record of successfully resolving workplace disputes through negotiation, mediation, and employment litigation.
Compassionate and personalized approach to each case, ensuring tailored solutions that meet your specific needs.

If you need a Toronto employment lawyer who is committed to delivering strong results and proactive solutions, please contact Bune Law online or by phone today at 647-822-5492.