Bias in the Workplace

Is it illegal for an employer to show bias in the workplace?

It is not illegal for your employer to show favouritism towards another employee. An employer in Ontario has the ability to promote one employee over another simply because they like that individual. The same applies to terminations, in that your employer can choose to fire you without cause instead of a coworker because they like that coworker more.

What an employer cannot do is show bias in the workplace towards a coworker if the reason for their preference against you is a protected human rights ground. In that case, their actions may be deemed illegal.

Protection under human rights legislation

Human rights legislation in Ontario makes it clear that an employer cannot discriminate against an employee on the following grounds:

• race
• place of birth
• citizenship
• skin colour
• age
• disability
• gender or gender identity
• pregnancy
• creed
• sexual orientation
• marital status
• creed
• ethnicity

For instance, your employer cannot choose to fire you but keep your coworker because they have a fresh, young outlook. In this case, your employer’s decision is connected to your age.

Examples of Bias in the Workplace not linked to termination

Discrimination in the workplace can occur in cases where termination of employment is not involved.

For instance, it would be illegal for an employer to avoid hiring young women because they may become pregnant or take maternity leave. Or perhaps the employer is promoting and rewarding only those employees of a certain race or ethnicity.

Tips for Employees

If you believe you are the victim of bias at work related to a protected ground, you should contact us immediately. An employment lawyer in Toronto or an Ottawa employment lawyer can review your situation and determine if you are owed human rights damages.