Workplace Discrimination Against Employees – What Are My Rights in Ontario?

Employee Discrimination in the Workplace

In Ontario, the vast majority of discrimination claims brought to the Ontario Human Rights Tribunal involved disputes between employees and employers. For instance, nearly  55% of all discrimination claims involved the area of “employment” (i.e., 2,335 out of 4,321 total claims).

Under the Human Rights Code,  all people living and working in Ontario are protected from discrimination in five main areas of daily life:

1. Employment

Employment is fundamental to a person’s livelihood, as well as their sense of dignity, respect and place in their community. This is why the Human Rights Code requires that every person has the right to equal treatment in employment without discrimination on any of the above-noted grounds. The term “employment” refers to not only employees, but also independent contractors and volunteers at workplaces.

Human rights applications can be filed against employers, as well as against contractors, unions or boards of directors. Employers and unions have a joint duty to make sure that workplaces are free of discrimination and harassment.

The right to “equal treatment with respect to employment” covers applying for a job, being recruited, training, transfers, promotions, terms of apprenticeship, dismissal and layoffs. It also covers rate of pay, overtime, hours of work, holidays, benefits, shift work, discipline and performance evaluations.

2. Provision of Goods and Services

All people have the right to be free from discrimination when they try to obtain goods or services, or use facilities. For example, this right applies to:

• • restaurants, stores, bars, gyms, buildings, condominiums, etc.
  • hospitals and health services
  • schools, universities and colleges
  • public places, amenities and utilities such as recreation centres, public washrooms, shopping malls and city parks
  • services and programs provided by governments, including social assistance and benefits, public transit and policing
  • services provided by insurance companies
  • advertisements

For example, people with disabilities have the right to be provided with equipment, services or devices that will allow them to do enter a      building.

3. Housing

The Human Rights Code applies to terms and conditions in rental agreements and leases, including the amount of rent, security deposits, the need for guarantors, occupants’ rules and regulations or eviction. Further, a person’s right to housing without discrimination includes suitable access to doors, laundry rooms, swimming pools, other common areas, repairs and other aspects of housing.

4. Unions/vocational associations

5. Contracts

Every person having legal capacity has a right to contract on equal terms without discrimination because of any Human Rights Code ground.  A contract is a legal agreement, which can be either written or verbal agreement.

The right to enter into a contract on equal terms covers all of the steps required to make a legally binding contract, including the offer, acceptance, and consideration (e.g., price). In fact, the Human Rights Code covers all types of contracts, including contracts to buy a house, gym membership, business or office space.

For example, a car dealership cannot refuse to enter into a contract to sell a used car to someone because they are Arab or a female.

What is Discrimination?

What this means is that no person can be treated in an unequal or different way that causes them harm simply because they happen to have one of the following personal characteristics (“grounds”):

• 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)
• record of offences (in employment)

This human rights protection is vital and consistent with basic human civil liberties that all people should be treated with respect and decency.  Of course, this is not always the case, and when one feels they were discriminated against, their legal recourse is to bring a discrimination claim.

It is important to note that people can only rely on their protections under the Human Rights Code if the discrimination occurs in one of the social areas listed above. For example, the Code would not apply if a stranger on the street insults you by making a racist comment, since this would not have occurred in a designated social area, such as at your job or in a restaurant.

In Ontario, private disputes involving discrimination claims are brought to the Human Rights Tribunal (whereas disputes involving government action invokes constitutional law set out in the Charter of Rights and Freedoms).

What are the Most Typical Types of Discrimination Claims in Ontario?

The following chart breaks down the social areas based on the percentage of all claims brought to the Human Rights Tribunal of Ontario:

1. employment – 55% of all claims (2,335 out of 4,231)
2. provision of goods and services – 33% of all claims (1,411 out of 4,231)
3. housing – 9% of all claims (381 out of 4,231)
4. unions/vocational associations – 0.9% of all claims (33 out of 4,231)
5. contracts – 1% of all claims (43 out of 4,231)

How Do I Prove My Claim if I Sue My Employer for Discrimination in the Workplace?

In Ontario, in order to prove discrimination took place and a person violated the Human Rights Code, a person must show that:

1. they have a characteristic protected by the Human Rights Code (e.g., older age, disability, race or family care giving obligations)
2. they experienced adverse treatment/impact within a social area (e.g.,, in trying to purchase a product or access service, housing or employment opportunities)
3. the protected characteristic was a factor (i.e., reason) in the adverse treatment or impact.

What Happens if I Prove Discrimination Against My Employer?

If an employer is found to have violated an employee’s rights to be free from discrimination under the Human Rights Code, an employee is typically awarded monetary compensation (damages) for injury to dignity, feelings and self-respect. However, as we employment lawyers often find, an employer’s discriminatory conduct usually ends up in a wrongful dismissal or constructive dismissal of the employee. As a result, the employee may have a claim for a financial severance package, as well as a less common remedy of reinstatement to their lost job.

Call Today For Help

If you are an employee who feels discriminated by your employer, such as following a termination of your employment, please contact Bune Law at 647-822-5492 arrange a consultation with an employment lawyer in the Toronto area. During a detailed discussion with the employment lawyer, you will be able to find out your legal options and steps moving forward, including severance package reviews and negotiations or wrongful dismissal claims. Call today to learn about your legal rights.

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