Employment law in Ontario prohibits all forms of workplace discrimination to ensure that workers get fair and equitable treatment. Despite that, some employees still become victims of various forms of discrimination in the workplace.
If you are being treated unfairly at work, you have legal remedies at your disposal.
Connect with employment lawyers in your area who will fight for your rights and protect you from discriminatory practices.
Fill out the short online form on this page to find the right lawyer to assist you.
Top 10 workplace discrimination examples
The Ontario Human Rights Code covers issues related to workplace discrimination. It specifically bans discrimination due to race, religion, gender, sexual orientation, disability, age, etc.
All employers have a duty to ensure that the work environment is safe and free of all types of discrimination or harassment.
The top 10 examples of discrimination in the workplace are:
- Refusal to hire or promote a worker because of his ethnicity or religion;
- Giving different salaries to employees for the same type of work;
- Making derogatory comments to an employee because of his sexual orientation or religion;
- Denying a person with a disability a promotion or job opportunity;
- Creating policies or practices that are discriminatory to religious groups;
- Terminating an employee who gets pregnant of applies for parental leave;
- Excluding workers with mental health conditions from activities;
- Refusal to accommodate employees with disabilities;
- The use of racial slurs or offensive language in the workplace;
- Discriminatory recruitment or layoff policies based on age.
Any form of discrimination is expressly prohibited by law and must never be encouraged or tolerated. The principles of fairness, equality, and respect are very important for promoting a healthy and safe workplace.
It is the responsibility of every employer to create an inclusive work environment that is free from any bias.
Other Common Grounds for Discrimination
Aside from the 10 examples of workplace discrimination in the province, there are other grounds for discriminatory practices.
These include:
- Citizenship
- Colour
- Sex/Pregnancy
- Marital Status (common-law, same-sex, separation, divorce, etc.)
- Receipt of public assistance (housing)
- Record of offences (in employment)
A person can experience discrimination due to various grounds, for instance, race and religion or creed.
Taking Action against Workplace Discrimination
If you are experiencing workplace discrimination, you must get legal advice as soon as possible.
You need to know your rights and take action. Experienced employment lawyers in JuriGo will help you get legal remedies.
Compare lawyers for workplace discrimination using our short and no-obligation form today!
What to do about workplace discrimination
If you are being harassed or experiencing discrimination at work, you can fight back.
You must call the attention of the individual that their actions are not acceptable. If that does not resolve the issue, your next step should be to report the matter to your supervisor or Human Resources.
Every business is mandated by law to have processes for dealing with workplace discrimination or Harassment. Ontario employers are obligated to protect their workers with procedures to investigate complaints.
If the employer fails to take action
If your employer fails to take action, you can quit your job and file a case for constructive dismissal. To qualify as constructive dismissal, the harassment of discrimination must be so intolerable that it forces you to quit for your safety or well-being.
If your employer terminates your employment because you filed a complaint, this is also illegal. You can file a case for wrongful dismissal.
An employment lawyer in Ontario is the best person to help you seek remedy for constructive dismissal or wrongful dismissal.
Workplace Discrimination Based on Gender Identity
Refusing to hire, fire, or promote an employee because of gender is prohibited by law.
An example is when a female employee climbs up to management position only to have a newly-hired male employee with the same qualifications and duties receive a much higher salary.
Other illegal practices of gender discrimination also include unfair treatment, being excluded from certain activities or assignments, and getting less support from management.
Another example is a woman who transitions in gender to male and receives derogatory or offensive treatment from co-workers or superiors. This type of harassment and discrimination linked to gender identity is prohibited by law.
Don’t be a victim! Take action against workplace discrimination by speaking to a lawyer with vast experience in this type of situation.
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Age Discrimination at the Workplace
Perhaps the most common form of discrimination in the workplace is based on age.
Nobody can be denied work, a promotion, or forced to retire because of age. The Code defines age as 18 years. This means any person cannot be discriminated against based on age.
The law covers all aspects of employment – recruitment, training, promotion, termination, and retirement.
Employers cannot target much older employees when reorganizing or reducing staff.
Can you sue an employer in Ontario?
Yes, an employee has the right to sue an employer in Ontario if he has legal grounds.
Some of the most common reasons for employees to sue an employer after he or she has been terminated at work are:
- Toxic Work Environment
- Reprisal by Employer
- Failing to investigate complaints properly
- Performance Reviews or Interim Reports Mismatch
- Workplace Discrimination
- Workplace Harassment
Employment lawyers provide legal advice to employees in the private, provincial, and federal sector. You can compare employment lawyers in your area using our short online form!
Frequently Asked Questions about Workplace Discrimination
We understand how difficult it is to deal with workplace discrimination of any form. We want to help by presenting the most popular FAQs to help you plan your next steps.
How do I file a workplace discrimination complaint in Ontario?
The Human Rights Tribunal of Ontario (HRTO) handles all claims of workplace discrimination covered by the Human Rights Code. Applications are resolved through adjudication or mediation.
Will the employer know if a worker files a complaint?
The HRTO will provide a copy of the complaint to each individual listed in the application. Any witnesses are kept confidential but respondents will know you filed a complaint.
Who do I file a complaint with – The Ontario Commission on Human Rights (OCHR) or the CHRC?
The Canadian Human Rights Commission (CHRC) investigates workplace discrimination and harassment in the federal sector. The OHRC handles complaints in the private sector.
Examples of federal complaints include airlines, communications companies, TV and radio stations, chartered banks, federal government offices, and bus and railway companies travelling cross-country.
Can I have a lawyer representing me during a hearing of the HRTO?
Yes, a lawyer can represent you at an HRTO hearing. During this time, you will be asked to provide the facts and legal arguments. A lawyer will help prepare you for the hearing and ensure you meet all timelines and requirements.
Is it necessary to hire a lawyer for a workplace discrimination complaint?
Complainants are not required to have a lawyer to be able to file a complaint with the HRTO or CHRC. However, having a lawyer representing you can give you a significant edge in presenting legal arguments and other documentary requirements. He can also help you navigate the complex process and obtain favorable results.
What is the deadline for filing a workplace discrimination claim?
You are given 1 year from the date of the most recent incident of discrimination to file a claim with the HRTO.
Consideration is given for late applications if the cause of the delay is reasonable and in good faith.
How much does a workplace discrimination lawyer cost in Ontario?
Employment lawyers for workplace discrimination generally charge $400 to $500 per hour.
A lawyer’s fees depend on the type of employment case, his experience, your location, and other factors.
If you simply want to send a demand letter to an employer, he can offer a flat fee but this may apply to certain situations. A lawyer can also offer a limited scope retainer wherein you agree on a specific scope of services or a contingency arrangement wherein you pay for legal fees only if you are awarded compensation.
When to hire an Ontario Employment Lawyer
You must hire an employment lawyer in Ontario if you experience:
- Discrimination
- Harassment
- Retaliation by your employer
- Bing forced to retire or resign;
- Pressured into signing a waiver of your rights
- Terminated without valid or legal grounds
- Involved in a dispute with your company.
Contact an employment lawyer as soon as possible because time is of the essence. If you miss the deadline, you will be barred by law from recovering compensation for damages.
Compensation for Workplace Discrimination
If you file a claim for workplace discrimination and the court decides in your favor, you can get a monetary award for compensation for the loss of employment, as well as damages and reinstatement.
Historically, compensation for workplace discrimination ranges from $12,000 to $30,000 in rare cases. In recent events, courts have awarded significant compensation for workplace discrimination victims.
Your best option, moving forward, is to get legal advice from a workplace discrimination lawyer near you and file a workplace discrimination claim.
Workplace Discrimination & Human Rights Lawyers Ontario
If you are an employee who experienced workplace discrimination or harassment, you must work with a lawyer to get legal remedies, including compensation.
Your lawyer will inform you of your legal rights and any limitation periods, and represent you in front of a tribunal or at a hearing.
Employment lawyers in JuriGo assist with constructive dismissal, wrongful termination, severance pay, harassment, and workplace discrimination cases, among others.
Experiencing workplace discrimination is emotionally stressful and can pose serious threats to your well-being. Hire a lawyer to take charge of your case and increase your chances of getting the compensation you are entitled to.
Fill out the form on this page, free of charge, to connect with experienced lawyers in your area as soon as possible!