Your employer can make business decisions. It can’t make them because of a protected personal characteristic.

The Ontario Human Rights Code protects employees from discrimination and harassment based on characteristics such as disability, race, sex, age, family status, religion, sexual orientation and gender identity.

Human rights protections apply throughout the employment relationship—from hiring and promotions to discipline and termination. Employers must also accommodate protected needs to the point of undue hardship and can’t punish you for asserting your human rights.

⚠️ Think discrimination or a failure to accommodate is forcing you out? Don’t resign before understanding your options. Serious human rights violations can also lead to constructive dismissal and severance rights.

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What Is the Ontario Human Rights Code?

The Ontario Human Rights Code is the provincial law that protects people from discrimination in important areas of life, including employment.

At work, the basic rule is simple: employees have the right to equal treatment without discrimination because of a protected characteristic.

That protection applies to:

  • Job advertisements and applications
  • Hiring and interviews
  • Pay and benefits
  • Work assignments
  • Promotions and training
  • Performance management and discipline
  • Workplace accommodation
  • Harassment
  • Layoffs and termination

Does discrimination have to be intentional?

No. An employer does not need to intend to discriminate in order to violate the Code.

A workplace rule that appears neutral can still be discriminatory if it disadvantages an employee because of a protected characteristic.

For example, a scheduling rule applied equally to everyone can still create a human rights issue if it prevents an employee from meeting a disability, religious or family-status need that should be accommodated.

💡 Intent isn’t the key question. A policy can discriminate even if your employer says it applies equally to everyone.

What Characteristics Are Protected at Work in Ontario?

The Ontario Human Rights Code protects employees from discrimination in employment based on:

  • Age
  • Race and colour
  • Ancestry
  • Place of origin
  • Ethnic origin
  • Citizenship
  • Creed, including protected religious beliefs
  • Sex, including pregnancy and breastfeeding
  • Sexual orientation
  • Gender identity
  • Gender expression
  • Disability
  • Family status
  • Marital status
  • Record of offences, as defined by the Code

Protection can also apply when someone discriminates against you because of your association with another person identified by a protected ground.

Is every unfair workplace decision discrimination?

No. A workplace decision is not a Human Rights Code violation simply because it is unfair or unpleasant.

The negative treatment must have a connection to a protected ground.

For example, being denied a promotion because your manager simply prefers another qualified candidate is not automatically discrimination. Being denied the promotion because of your age, disability, race, pregnancy or another protected characteristic can be.

What Does Workplace Discrimination Look Like?

Workplace discrimination can be obvious, but it can also appear through more subtle decisions and policies.

Examples include:

  • Refusing to hire someone because of their age or race
  • Passing over a pregnant employee for a promotion because they will take maternity leave
  • Firing an employee because of a disability or medical leave
  • Refusing reasonable religious accommodation
  • Reducing someone’s opportunities because of family responsibilities
  • Treating an employee differently because of sexual orientation, gender identity or gender expression
  • Applying a workplace rule that unfairly disadvantages an employee because of a protected need
  • Harassing an employee because of race, disability, sex or another protected characteristic

See our complete guide to workplace discrimination in Ontario.

What about family responsibilities?

Family status is protected under the Code. Employers can’t discriminate against employees because of a protected parent-child relationship and can have a duty to accommodate family-related needs.

This commonly becomes an issue when a workplace rule conflicts with legitimate childcare or eldercare responsibilities involving a parent-child relationship.

Your Right to Workplace Accommodation

Employers have a legal duty to accommodate protected needs to the point of undue hardship.

Accommodation means adjusting workplace rules or conditions so an employee can participate equally rather than being disadvantaged because their needs differ from those of other workers.

Common accommodations include:

  • Modified duties
  • Modified hours or schedules
  • A gradual return to work
  • Workplace equipment or physical modifications
  • Time away for treatment
  • Changes connected to religious observance
  • Schedule changes for protected family-status needs

See our full guide to the duty to accommodate in Ontario.

What does “undue hardship” mean?

An employer does not reach undue hardship simply because accommodation is inconvenient.

Under the Code, undue hardship is assessed using:

  • Cost
  • Available outside sources of funding
  • Health and safety requirements

Some hardship is expected. The employer has to accommodate until the hardship becomes undue.

Learn more about undue hardship in Ontario.

💡 “That would be inconvenient” is not the same as undue hardship. Employers are expected to make meaningful efforts to accommodate protected needs.

Do you have to tell your employer you need accommodation?

Employees should normally tell their employer that a protected need is affecting work and explain the accommodation required.

You do not always need to disclose a detailed medical diagnosis. In disability cases, the employer usually needs information about your limitations, restrictions and accommodation needs.

There are also situations where signs of a disability are obvious enough that an employer can have a duty to inquire before moving directly to discipline or dismissal.

Does the Human Rights Code Protect Against Workplace Harassment?

Yes, when the harassment is connected to a protected Human Rights Code ground.

Examples include racist comments, disability-related insults, homophobic or transphobic harassment, religious harassment and sexual harassment.

See our guide to sexual harassment at work in Ontario.

Is all workplace harassment a Human Rights Code violation?

No. This distinction is important.

The Ontario Human Rights Code deals with harassment connected to protected characteristics. Ontario’s Occupational Health and Safety Act has a broader workplace-harassment framework that does not require the conduct to be connected to a Human Rights Code ground.

If the problem involves bullying, abusive behaviour or other workplace harassment, see our guides to workplace harassment in Ontario and the Ontario Occupational Health and Safety Act.

Can your employer retaliate against you for raising human rights concerns?

No. The Code prohibits reprisal and threats of reprisal for claiming or trying to enforce a human right.

Retaliation can include:

  • Firing you
  • Demoting you
  • Cutting your hours
  • Disciplining you
  • Excluding you from opportunities
  • Threatening negative consequences

See our guide to workplace retaliation in Ontario.

Can Your Employer Fire You Because of a Protected Characteristic?

No. An employer can’t terminate you because of disability, age, pregnancy, race, family status or another protected Human Rights Code ground.

That does not mean an employee with a protected characteristic can never be fired.

An employer can make a legitimate termination decision for reasons unrelated to the protected characteristic. The problem arises when the protected ground is a factor in the decision.

What if you’re fired while disabled or on medical leave?

Being on medical leave does not make you immune from termination. But your employer can’t fire you because you are disabled or because it refuses to properly accommodate your disability.

A termination during or shortly after a disability-related absence should be reviewed carefully if there is reason to believe the medical condition influenced the decision.

Can discrimination lead to constructive dismissal?

Yes. Serious discriminatory treatment, a failure to accommodate or significant retaliation can also make continued employment impossible.

If the employer fundamentally changes or damages the employment relationship, you can have a constructive dismissal claim in addition to human rights issues.

⚠️ Don’t resign because discrimination or a failure to accommodate has made work unbearable without first understanding whether the situation amounts to constructive dismissal. How you leave can affect your severance rights.

What Should You Do if Your Human Rights Are Violated at Work?

  1. Document what happened. Keep a timeline of discriminatory comments, decisions, accommodation requests or other important events.
  2. Preserve relevant records. Keep emails, messages, performance reviews and other documents you are legally entitled to retain.
  3. Put important concerns in writing. Make the employer aware of the human rights issue or accommodation need.
  4. Participate in the accommodation process. Provide reasonable information about your restrictions or protected needs when required.
  5. Document retaliation. Record any negative treatment that begins after you raise the issue.
  6. Don’t resign before getting advice. Human rights problems can overlap with constructive dismissal and severance.
  7. Act before the deadline expires.

Where do you file a Human Rights Code complaint in Ontario?

Human rights applications are filed directly with the Human Rights Tribunal of Ontario (HRTO).

The Ontario Human Rights Commission does not decide individual discrimination claims. Its role is different from the Tribunal’s.

How long do you have to file an HRTO application?

You normally have one year from the discrimination or harassment to file an application with the HRTO.

If there was a related series of incidents, the application normally must be filed within one year of the last incident.

➡️ Human rights, wrongful dismissal and constructive dismissal claims can involve different legal processes and deadlines. Don’t assume that pursuing one route automatically protects every other claim.

Get Help With a Human Rights Issue at Work

Discrimination does not always come with someone openly admitting why they treated you differently. The timeline, workplace decisions and way your employer responds after learning about a protected need can all matter.

The Ontario employment lawyers at Samfiru Tumarkin LLP can review what happened, explain your workplace rights and determine whether discrimination, a failure to accommodate, retaliation, termination or constructive dismissal is involved.

Employees in the GTA and across Ontario dealing with workplace discrimination can speak with our Toronto workplace discrimination lawyers.

Don’t resign or sign away your employment rights before understanding how the human rights issue affects your job and compensation.

The process doesn’t need to be overwhelming. Start with what happened, why you believe a protected characteristic was involved and what your employer did after becoming aware of the issue.

⚠️ Unionized? You need to address workplace human rights disputes through your union and the grievance process. Our employment law team can’t assist with unionized workplace disputes.

Are Your Human Rights Being Violated at Work?

Discrimination, retaliation and a failure to accommodate can create serious employment-law issues. Understand your options before resigning or signing anything.

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