Workplace Discrimination Lawyers: File a Discrimination Claim

Discrimination in the workplace can be seen everywhere. It has a significant effect on the well-being and professional growth of employees.

Employment law in Ontario offers all workers protection from all types of discrimination. The goal is to ensure that workers are treated equally and fairly.

The Ontario Human Rights Code addresses workplace discrimination problems. It prohibits discrimination based on religion, race, sexual orientation, disability, etc . and gives all workers equal rights and opportunities.

If you think you are a victim of workplace discrimination, you must take action to protect your rights.

Seek legal advice from employment lawyers in your area using our short online form , free of charge, and benefit from valuable legal advice.

Employees’ Rights to Equal Treatment

What rights do employees have in the workplace? TheOntario Human RightsCode provides safety to all individuals in all areas of employment including:

• Those applying for a job, undergoing recruitment, or training
• Employee transfers, promotions, and apprenticeship
• Dismissal, Layoff, and Termination.

It also deals with salary or pay rate, codes of conduct, overtime, working hours, holidays, benefits, performance evaluations, and disciplinary measures.

The Ontario Human Rights Code prevents harassment and discrimination and applies to every person with respect to employment. This also includes contractors and volunteers.

Discrimination based on the following are prohibited by law:

• Colour
• Ethnic origin
• Citizenship
• Sex
• Sexual orientation
• Gender identity
• Gender expression
• Age
• Disability
• Language or accent
• Creed
• Record of offences
• Marital Status

There are many types of harassment or discrimination but some situations are more prevalent than others.

10 Most Prevalent Examples of Workplace Discrimination

In Ontario, there are various instances of workplace discrimination, including;

1. Refusal to hire or promote a worker based on their race or ethnicity.
2. Paying different genders different salaries for the same type of work.
3. Making derogatory comments or jokes because of their sexual orientation.
4. Refusing persons with disabilities job opportunities or promotions
5. Practices that unfairly affect certain religious groups.
6. Terminating an employee because of pregnancy or an intention to take parental leave.
7. The exclusion of individuals suffering mental health conditions from work activities or assignments.
8. Refusing reasonable accommodations to employees with disabilities.
9. The use of racial slurs or offensive language.
10. Treating employees differently based on their age, specifically during recruitment or layoff procedures.

Any discriminatory practice should not be tolerated as it undermines equality, respect, and fairness, principles that are integral to a healthy work environment.

Employers have a duty to promote a workplace culture where employees are given dignity and treated without bias.

If you have experienced any type of discrimination at work, consult an employment lawyer as soon as possible.

Your lawyer will work hard to ensure you get fair treatment and compensation for damages you may have suffered as a result of discrimination.

Get valuable advice from an employment lawyer if you are a victim of workplace discrimination.

Find the right lawyer using our short online form, free of charge!

Workplace Discrimination due to Disability

Employers cannot discriminated based on disability of perceived disability. The Canadian Human Rights Act which prohibits grounds for discrimination including physical disabilities, mental disabilities, and drug and alcohol dependence as disabilities.

Discrimination because of disability is often linked to negative treatment at work which includes stereotyping, stigma, and prejudice.

It can be evident in different situations such as discriminatory comments or acts that target persons with disabilities. Sometimes, exclusion from benefits or opportunities may be unintentional or intentional.

The Act mandates that employers must not discriminate based on disability and to practice inclusion consistently in the workplace. It also requires employers to make reasonable accommodations to employees with disabilities through physical, structural, or communication accommodations.

Below are 3 types of disability discrimination:

1. An employee got injured or developed a serious illness and was not able to return to work. He claims WSIB, STD, and LTD. When the employee requests to return to work, his employer denies the request and terminates him.
2. An employee who got injured or suffered an illness resulted in an impairment that restricted his ability to fully function at his job. When he requests for accommodation, the employer dismissed him.
3. An employer refuses to promote an employee due to his history of addiction or because of a perception that he is addicted to drugs. The employer does not investigate whether it is true or if the employee has overcome the dependency.

Filing a Discrimination Claim due to Disability

The Misetich approach that arose from Misetich v. Value Village Stores Inc. in 2016 established the test for discrimination:

1. The Applicant must show they have a characteristic protected from discrimination under the Code;
2. The Applicant must show an adverse impact; and
3. Establish that the protected characteristic was a factor in the adverse impact.

Once these factors are shown, the evidentiary burden is transferred to the employer to show that the said employee could not be accommodated to the point of undue hardship.

What does undue hardship mean? This is a legal term that refers to specified circumstances that fully or partially exempts an individual or organization from a legal obligation to avoid an unreasonable burden.

The process of accommodation involves multiple parties and the employee is required to cooperate and provide adequate information regarding his disabilities and work with the employer to identify solutions.

HRTO Protections on Substance Related Disorders

Drug dependency or abuse and other addictions are illnesses and mental disorders which can cause a mental impairment or physical disability.

Severe addictions are considered as disabilities within the Human Rights Code . Recreational use of substances is not considered as a disability unless a person is treated negatively because they are thought to have substance abuse problems and discriminated against at work.

An employee who claims accommodations for substance related disorders must provide a DSM-5 diagnosis from a regulated healthcare professional who is qualified to make this diagnosis. It will specify the severity of the substance related disorder.

Employers’ Duty to Accommodate Disability Cases and Undue Hardship

According to the Human Rights Code under Section 17, the employer has a duty to accommodate any worker’s disabilities who can still perform essential and core duty to the point of undue hardship.

Any employer who dismisses an employee because of his disability risks being held liable for significant human rights damages except if a valid operational requirement prevents the facilitation of the worker’s continued employment.

What constitutes undue hardship?

Three factors are considered in determining undue hardship:

(1**) Costs** are considered as undue hardship only if:

1. They can be quantified,
2. Shown to be related to the accommodation, and
3. So substantial that they would alter the very nature of the enterprise or so significant that they would substantially affect its viability;
4. Costs are likely to be absorbed more easily in a larger organization;

(2) Outside Funding Sources will be considered if they are available to defray the costs of accommodation;

(3) Health and Safety Issues will be considered. An employer is not required to waive health and safety standards to accommodate a disability if it will violate the Occupational Health and Safety Act .

Health and safety risks will amount to undue hardship ifthe risks after making the accommodation outweighs the benefits of improving equality for individuals with disabilities.

How is the Duty to Accommodate a Disability triggered?

The duty to accommodate comes about when an employer is informed of an employee with a disability that requires accommodation. It usually happens through direct disclosure from the employee, his physician, or another person.

This duty can also arise where the employer reasonably perceives the employee has a disability that needs accommodation, even without a request for accommodation.

The required accommodations of a confirmed disability must come from a treating health professional- doctor, specialist, etc.

An employer is only entitled to know the effects of the disability on the worker’s ability to work with and without the accommodation. The employer is not entitled to get information related to the diagnosis or the treatment.

Remedies for Disability Discrimination

The Human Rights Tribunal of Ontario has the authority to award remedies if a case of Disability Discrimination is proven. These remedies may include:

• Retroactive payment of lost wages from the date of discrimination to the date the decision was issued (in some cases, this could take years);
• Costs (Special or Pecuniary Damage) incurred due to discrimination;
• An amount to cover “injury to feelings, self-respect, and dignity ” also referred to as general damages. Depending on the type of discrimination, the award can amount to thousands of dollars.
• Public interest remedies such as training of management and employees, dissemination of information on human rights, revision of policies and procedures, among others.
• Other remedies to ensure compliance with the Code by the employer.

Employers have the burden of proving undue hardship.

Gender Identity & Gender Expression

The Ontario Human Rights Code prohibits discrimination due to gender expression or gender identity. Everyone including transgender, transsexual, intersex, and other persons with gender expression that is different from both must be respected.

Discrimination may be direct or indirect. Both the organization and person who carries out discriminatory conditions can be liable in a human rights claim.

In many instances, discriminatory comments are not openly made. Subtle types of discrimination can only be detected after viewing multiple circumstances to establish a pattern . Some actions can be explained away but when regarded as part of a bigger picture, it may lead to a conclusion that discrimination was a reason for the manner a person was treated at work.

An experienced employment lawyer can help evaluate whether you have sufficient grounds for a discrimination claim d ue to gender identity or expression.

If you believe your employer is discriminating against you

Do you feel discriminated against by your employer? You must get in touch with an employment lawyer to find out what remedies apply in your situation.

A lawyer can inform you of your legal rights and the limitation periods to file a claim. He will also represent you at subsequent hearings and the tribunal.

Don’t let anyone get away with discrimination in the workplace. Speak to a reliable and experienced lawyer about your next step in claiming redress or compensation.

Where to file a claim for workplace discrimination

Any employee can file a discrimination claim before the Human Rights Tribunal of Ontario (HRTO) or in court through a civil claim.

Both options have pros and cons. The best forum to file your complaint depends on the outcome you desire.

A civil claim can be more expensive but it has a higher chance of obtaining a bigger financial compensation. A judge at a trial can award financial damages.

On the other hand, administrative boards such as the HRTO can also award monetary damages but the amounts are lower.

Non-monetary remedies for discrimination

If you are seeking other remedies such as changes in the policies of your company or a reinstatement after termination, you may want to file a claim with an administrative board. It is more cost-effective and more likely to order performance remedies.

You must also be aware of limitation periods. Unlike HRTO which requires a person to file a complaint within 1 year from the incident, civil claims have up to 2 years from the date the discrimination was discovered.

Speak to a lawyer from the JuriGo network about compensation for a civil claim by filling out the form on this page!

FAQs about Workplace Discrimination in Ontario

Any type of workplace discrimination creates a toxic work environment that can lead to severe stress. It could also cost you employment opportunities and financial losses.

Browse our FAQs to get answers about discrimination at work to guide you in your course of action.

Will my company find out that I filed a complaint for discrimination?

Yes, because the HRTO will provide the employer a copy as well as every person included in the complaint. The witnesses will be kept confidential but your complaint will be made known.

How much time do I have to file a complaint for discrimination or human rights violation?

You are given a year from the date of the incident to file a complaint to the HRTO. If you have experienced multiple incidents, you must file within a year from the date of the last incident.

On occasion, the HRTO will accept a late application if the delay occurred in good faith or has a reasonable explanation that does not prejudice the other party.

Do I file a claim for discrimination at work with the CHRC or the OHRC?

The Ontario Human Rights Commission (OHRC) investigates discrimination and harassment cases in the private sector while the CHRC investigates cases in the federal sector.

Do I need an employment lawyer to file a claim?

You are not required to hire a lawyer to file a complaint for discrimination with the CHRC or HRTO. If you prefer to file a claim in court, you would benefit from having a lawyer to represent you. In fact, whether you pursue a remedy with administrative law or a civil claim, an employment lawyer will help you obtain the best possible result.

How much does it cost to file a complaint with the Human Rights Tribunal Ontario?

There are no fees for filing a complaint with the HRTO.

How much does a lawyer charge for a workplace discrimination case?

Employment lawyers may charge from $250/hour to $800/hour, on average. There is no set rate for lawyers and their fees can vary among Ontario law firms. More experienced lawyers are likely to charge higher rates . Your location will also affect your legal fees as rates are typically higher in bigger cities like Toronto. The complexity of your case will also have an impact on the lawyer’s fees.

Some lawyers could charge a flat fee if you only need to send a demand letter or negotiate better terms for a settlement offer.

Other law firms may offer contingency rates which mean you pay legal fees, usually 30% to 40% of your monetary reward. This is a no-win-no-fees arrangement.

When should you hire an employment lawyer?

If you experience workplace discrimination or harassment, forced to waive your rights, terminated without cause, or retaliated against by an employer, contact an employment lawyer immediately.

Find an employment lawyer for workplace discrimination

Employment lawyers in the JuriGo network are highly-skilled legal professionals who have worked on all types of workplace discrimination.

They know the tactics used by employers to escape liability for workplace discrimination and will fight hard for your rights.

You can get fair compensation and appropriate remedies with the right lawyer by your side.

Fill out the short online form below to connect with employment lawyers in Ottawa, Toronto, Markham, Brampton, Hamilton, Mississauga, and the rest of Ontario!