Need a Toronto Human Rights Lawyer

As an employer, one of workplace issue fraught with danger is knowing how to properly manage employees with disabilities (or other needs that require support). In fact, understanding an employer’s rights and obligations under the Ontario Human Rights Act (human rights law). In this article, we discuss some of the primary topics and provide some general educational information for employers and employees in Ontario. However, if you want legal advice regarding your own workplace situation, you should speak with an experienced Ontario human rights lawyer or employment lawyer.

What is Ontario Human Rights Law?

The Human Rights Code is a provincial law that applies to (nearly) everyone in Ontario regarding different aspects of life. Its main goal is to provide everyone equal rights and opportunities without facing harassment and discrimination (or treated unequally), in areas such as employment, housing and services. While there are some exceptions to who the Human Rights Code applies, they are very few, such as employees who work for federally-regulated companies (in which case the Canadian Human Rights Act applies when it comes to employment).

What are some Human Rights Law Protections?

The Human Rights Code protects people from discrimination to ensure they are free from discrimination based on certain immutable human characteristics, including the following:

citizenship
race
place of origin
ethnic origin
colour
ancestry
disability
age
creed
sex/pregnancy
family status
marital status
sexual orientation
gender identity
gender expression
receipt of public assistance (in housing) and record of offence (only when it comes to employment).

How to Prove a Human Rights Violation?

When it comes to employment, in order for an employee to prove that his or her rights under the Human Rights Code are violated, they have to establish the following:

they have a characteristic protected by the Human Rights Code (e.g., race, disability or age)
they experienced adverse treatment/impact within a social area
the protected characteristic was a factor in the adverse treatment or impact

In other words, all of these requirements of the test must be proven by the employee to succeed in a human rights violation (discrimination) claim. This means, for example, that an employee will be unable to prove his or her human rights under the Human Rights Code were violated if they feel their manager or supervisor was treating them differently at work due to a personality conflict. The reason for that is because the unfair workplace treatment is not based on a specific protected human rights ground, such as the employee’s age, sex race, or disability.

Direct vs. Indirect Discrimination

An employer can discriminate against an employee either “directly” or “indirectly”.

When an employer discriminates “directly” against an employee, it means they have engaged in conduct that is itself discriminatory. For example, a manager who refuses to hire a male employee because he prefers to hire female employees of his own race is discriminating directly.

On the other hand, an employer “indirectly” discriminates against an employee through another means, such as another person. For example, a manager who tells his supervisor not to hire male employees of a certain race because they “complain” too much, or not to hire an employee with a disability because “they won’t be able do the job without accommodations.”

Apart from direct or indirect discrimination, employers could also violate the Human Rights Code by introducing or implementing a rule or practice that unintentionally singles out and treats a particular group of people unequally. This type of discrimination is called “adverse effect” or “constructive” discrimination. For example, an employer has a rule that employees are not allowed to wear hats or head coverings. While on its face, this rule is not intended to exclude specific people who wear head coverings for religious reasons, it could have that effect may have this effect. Therefore, unless an employer can show that a change or exception to the rule would be too costly or create a health and safety danger, the employer’s rule would constitute discrimination under human rights law.

One other common area in employment law where disputes happen and human rights lawyers can be of help is dealing with a poisoned (or hostile) work environment. For example, employees who can prove (objectively speaking) that their workplace is hostile or unwelcoming, such as when they deal with insults, degrading, humiliating or embarrassing comments or actions from co-workers, managers or supervisors based on a protected human rights ground, such as disability, age, race or sex. In other words, under human rights law, employees cannot prove a poisoned work environment (or harassment) based only on their personal views. Rather, the employee must have evidence to prove (from an objective standard) that a reasonable person in their circumstances would agree that the employer’s comments or conduct was unwelcome, which is an area a human rights lawyer can help with to succeed in your discrimination claim.

Duty to Accommodate Workplace Disabilities

While the Human Rights Code does not list all health conditions that may qualify as a disability, employers must interpret the term broadly. In fact, a disability that requires accommodation by an employer is one that is actual or perceived (that is, the employee is “seen” to have a disability or they may develop a disability in the future). As an example, an employer would be discriminating against an employee based on disability if they terminate an employee’s job because it thinks the employee appears “crazy” (has a mental disorder). In this case, even if the employee does not, in fact, have a mental disorder (disability), it would still constitute discrimination since the employer perceived or saw the employee to have a disability, and treated her unequally.

If an employee has a disability that requires accommodation at work, they must provide enough information to allow the employer to help provide them with necessary support. For example, this could include information from a doctor confirming the employee has a disability (without being specific) that does not allow them to do certain things (e.g., unable to lift heavy objects, climb stairs, or stand for a prolonged period of time) and stating the employee needs assistance. The assistance (or workplace accommodations) could include changes to their work schedule or modified job duties and responsibilities. However, the employee is not required to tell the employer the nature of the health issues, such as heart condition.

Employment Lawyer in Toronto

In Ontario employment law, it is important for employees to consult with an experienced employment lawyer when they would like to know what human rights they have at the workplace, including disability accommodations. If you are an employee who believes you have been constructively dismissed, please speak with our experienced constructive dismissal lawyer in Toronto regarding your legal rights and options as an employee, including negotiating your severance package to obtain the severance compensation you deserve, as well as constructive dismissal claim.

Contact a Toronto human rights lawyer by phone 647-822-5492 or fill out the contact form to the side. Our employment lawyer in Toronto would be happy to assist in your employment law matter as quickly as possible.

Disclaimer: The content on this website and blog is not legal advice or legal opinion of any kind, and is only to provide general information. It is in no way particular to your individual case and should not be relied upon in any way. The outcome of a legal matter depends on its unique circumstances, and prior successes are not indicative of future results. No portion or use of this website or blog will establish a lawyer-client relationship with the author, this law firm or any related party. Should you require legal advice for your particular situation, please fill out the form below, or call 647-822-5492, to request an initial consultation.