If you are being treated differently at work because of a protected personal characteristic, you don’t have to accept it. Workplace discrimination is illegal in Ontario, and our Windsor workplace discrimination lawyers help non-unionized employees protect their jobs, income and human rights.

Discrimination is not always obvious. It can include being denied a promotion because of your age, disciplined because of a disability, treated differently because you are pregnant, or subjected to a workplace rule that unfairly disadvantages you because of a protected characteristic.

If you believe discrimination is affecting your career, pay, working conditions or employment, get legal advice before you resign, accept a major workplace change or sign an agreement with your employer.

💡 Workplace discrimination doesn’t have to be intentional. If a protected characteristic was a factor in negative treatment at work, your human rights can be violated.

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When Should I Contact a Workplace Discrimination Lawyer in Windsor?

You don’t need to wait until you are fired to speak with a workplace discrimination lawyer. Getting advice while the problem is developing can help you understand what to document, how to respond and what your employer is legally required to do.

You should consider speaking with an employment lawyer if:

  • you are being treated differently because of your race, disability, age, sex, pregnancy, religion or another protected characteristic;
  • your employer refuses to accommodate a disability, religious requirement or other protected need;
  • you are being denied opportunities, shifts, promotions, pay or benefits for discriminatory reasons;
  • you are being subjected to comments, jokes or harassment connected to a protected characteristic;
  • you have been disciplined, demoted or suspended after raising a human rights concern;
  • you believe discrimination played a role in your termination or layoff; or
  • you are considering resigning because the situation has become intolerable.

Our Windsor employment lawyers can assess what happened, explain your options and determine the best way to protect your employment rights.

What Counts As Workplace Discrimination in Ontario?

Workplace discrimination happens when an employee experiences negative treatment connected to a characteristic protected by Ontario’s human rights laws.

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

  • race, colour, ancestry, ethnic origin or place of origin;
  • citizenship;
  • creed or religion;
  • sex, including pregnancy;
  • sexual orientation;
  • gender identity and gender expression;
  • age;
  • marital status;
  • family status;
  • disability; and
  • record of offences.

Discrimination can affect hiring, promotions, pay, scheduling, discipline, workplace policies, accommodation, layoffs and termination. Learn more about workplace discrimination in Ontario.

Is unfair treatment at work always discrimination?

No. A bad manager, personality conflict or unfair workplace decision is not automatically discrimination. There must be a connection between the treatment and a characteristic protected by human rights law.

That connection is not always obvious. Discrimination can be subtle, and an employer does not have to openly admit that a protected characteristic influenced its decision.

What about harassment?

Harassment connected to race, disability, sex, religion or another protected ground can also violate your human rights. Bullying or harassment that is not connected to a protected characteristic is a different workplace issue and can still require legal action. Our workplace harassment lawyers in Windsor can help you determine which rules apply.

Does my employer have to accommodate me?

Yes, when you have a legitimate need connected to a protected ground. Employers have a legal duty to accommodate employees in Ontario to the point of undue hardship.

Accommodation issues commonly arise because of disabilities, medical restrictions, religious requirements and family-status obligations. An employer can’t simply refuse a reasonable accommodation because it is inconvenient.

Can my employer punish me for complaining about discrimination?

No. Your employer can’t punish or threaten you because you raised a legitimate human rights concern, requested accommodation or tried to enforce your rights.

If your hours are cut, you are disciplined, demoted or fired after raising a complaint, speak with a lawyer about whether you have experienced workplace retaliation in Ontario.

Common Workplace Discrimination Cases in Windsor

Every workplace situation is different, but discrimination frequently arises when an employee is treated negatively because of something protected by human rights law.

Examples include:

  • Disability discrimination: An employee is disciplined for disability-related absences or denied reasonable modified duties.
  • Pregnancy discrimination: An employee loses shifts, opportunities or responsibilities after announcing a pregnancy or maternity leave.
  • Age discrimination: An older employee is pushed aside, denied advancement or targeted for termination because of their age.
  • Race or ethnic discrimination: An employee experiences different treatment, racial comments, stereotyping or barriers to advancement.
  • Religious discrimination: An employer refuses to reasonably accommodate a religious practice, observance or dress requirement.
  • Sexual orientation or gender identity discrimination: An employee is subjected to discriminatory comments, exclusion or negative employment decisions.
  • Family-status discrimination: A workplace rule creates a serious conflict with protected caregiving obligations and the employer refuses to consider accommodation.

The key question is whether a protected characteristic played a role in the treatment you received. A workplace discrimination lawyer can assess the full pattern of events, not simply one isolated incident.

How Can a Workplace Discrimination Lawyer in Windsor Help?

A workplace discrimination lawyer can help you determine whether what happened is legally significant and what you should do next.

At Samfiru Tumarkin LLP, we can:

  • Assess your situation: Determine whether the treatment is connected to a protected human rights ground.
  • Protect your employment: Advise you on how to respond before resigning, refusing work, accepting discipline or making another major decision.
  • Review accommodation issues: Determine whether your employer is meeting its legal obligations.
  • Deal with your employer: Communicate on your behalf and work toward an appropriate resolution.
  • Assess compensation: Determine what financial and workplace remedies are available.
  • Handle a human rights claim: Advise and represent you through negotiations and, where appropriate, proceedings before the Human Rights Tribunal of Ontario.
  • Address termination: Determine whether discrimination overlaps with wrongful dismissal, severance or another employment law claim.

The process doesn’t need to be overwhelming. Our role is to identify the problem, explain your options clearly and handle the legal issues so you can make an informed decision.

💡 You don’t need to confront your employer alone. A lawyer can communicate with the company, protect your legal position and work toward a resolution on your behalf.

What Compensation Can I Get for Workplace Discrimination?

Employees whose human rights have been violated can receive financial compensation and other remedies designed to address the discrimination.

Depending on what happened, remedies can include:

  • compensation for lost income;
  • compensation for injury to dignity, feelings and self-respect;
  • appropriate workplace accommodation;
  • changes to discriminatory workplace policies or practices; and
  • other orders intended to correct the effects of the discrimination.

If discrimination is connected to the loss of your job, you can also have employment-law rights. A discriminatory termination can overlap with a wrongful dismissal and human rights claim. Our wrongful dismissal lawyers in Windsor can determine what compensation applies.

If discrimination, harassment or an employer’s refusal to accommodate has made continued employment impossible, the situation can also amount to constructive dismissal in Ontario.

⚠️ Don’t resign because of workplace discrimination before getting legal advice. Resigning too quickly can affect your ability to pursue compensation for the loss of your job.

What Should I Do If I Am Experiencing Discrimination at Work?

If you believe you are experiencing workplace discrimination in Windsor, take steps now to protect yourself.

  1. Document what happened. Keep a timeline of discriminatory comments, decisions, meetings and other important events.
  2. Save relevant documents. Keep emails, text messages, performance reviews, schedules, accommodation requests, disciplinary letters and other records.
  3. Be careful before resigning. Get legal advice if you believe the situation has become impossible to continue.
  4. Don’t sign away your rights. Have any settlement, release or termination package reviewed before signing it.
  5. Get advice promptly. Human rights claims have deadlines. An application to the Human Rights Tribunal of Ontario normally must be filed within one year of the discrimination, or within one year of the last incident in a series of related events.
⚠️ Unionized? You need to challenge workplace discrimination through your union and the grievance process. Our employment law team can’t assist with unionized workplace disputes.

Why choose Samfiru Tumarkin LLP?

Samfiru Tumarkin LLP helps non-unionized employees across Windsor and Ontario resolve serious workplace problems. Since 2007, our firm has represented more than 60,000 individuals and has received more than 3,000 five-star Google reviews.

Whether you are still working, have been pushed out of your role or have already lost your job, our team can assess your human rights and employment law options together.

Workplace Discrimination Lawyer Windsor FAQs

Do I need proof that my employer intended to discriminate against me?

No. Workplace discrimination does not have to be deliberate. The important question is whether a protected characteristic was a factor in the negative treatment or whether a workplace rule had a discriminatory effect.

Can I be fired after making a discrimination complaint?

Your employer can’t fire or otherwise punish you because you tried to enforce your human rights. If you lose your job after raising a discrimination or accommodation concern, have the circumstances reviewed immediately.

Where do I make a workplace discrimination claim in Ontario?

Claims under Ontario’s Human Rights Code can be brought before the Human Rights Tribunal of Ontario. Before filing, speak with a lawyer about whether a Tribunal application is the best route and whether you also have employment law claims arising from the same events.

How long do I have to make a workplace discrimination claim?

An application to the Human Rights Tribunal of Ontario normally must be filed within one year of the discriminatory event. If there is a series of related incidents, the one-year period normally runs from the last incident. Other employment law claims can have different deadlines, so don’t wait to get advice.

What if I work for a federally regulated employer in Windsor?

Employees working in federally regulated industries can be covered by federal human rights rules instead of Ontario’s Human Rights Code. If you work for a bank, airline, telecommunications company, interprovincial transportation business or another federally regulated employer, a lawyer can determine which system applies. Learn more about workplace human rights in Canada.

Speak With a Workplace Discrimination Lawyer in Windsor

If discrimination is affecting your job, income or ability to work, you don’t have to figure out the next step alone. Our employment lawyers help non-unionized employees in Windsor understand what their employer did wrong, what remedies are available—including severance pay up to 24 months—and how to protect their rights.

You can also learn more about your broader workplace human rights in Ontario.

Before you resign, sign an agreement or accept the situation as final, speak with Samfiru Tumarkin LLP.

Experiencing Workplace Discrimination in Windsor?

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