Federal agencies must do more to create ‘truly inclusive workplace’, report finds

A new report from the office of Canada’s auditor general found that federal organizations need to do more to address racism and discrimination in the workplace.

Auditor General Karen Hogan analyzed the work of six government departments and agencies between January 2018 and December 2022. They included:

• The Royal Canadian Mounted Police (RCMP)
• Correctional Service Canada
• The Canada Border Services Agency
• The Department of Justice Canada
• The Public Prosecution Service of Canada
• Public Safety Canada

Her audit concluded that all of the organizations should be using available data better to “understand the barriers faced by their racialized staff and to inform equity and inclusion strategies and complaint mechanisms.”

“Although the [six] organizations we audited have focused on the goal of assembling a workforce representative of Canadian society, it is only the first step,” Hogan said in a news release on Oct. 19.

“It is not enough to achieve the change needed to create a truly inclusive workplace. For that change to happen, departments need to actively engage with their racialized employees, to meaningfully use the data they have to inform their decisions, and to hold their leadership accountable for delivering change.”

To measure progress on equity and inclusion, the report recommended that the Treasury Board of Canada Secretariat (TBS) help the organizations establish performance indicators, such as surveys.

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What should I do if I experience harassment or discrimination at work?

If you experience harassment or discrimination from a co-worker or supervisor, report the incident to the appropriate individual at the company — as per your employer’s policy (i.e. human resources).

Non-unionized employees in Canada have a right to work in an environment free of harassment and discrimination. This includes individuals working full-time, part-time, or hourly in Ontario, Alberta, and B.C.

WATCH: Employment lawyer Lior Samfiru explains what non-unionized employees need to know about workplace harassment on an episode of the Employment Law Show.

It’s illegal for workers to be discriminated against based on protected aspects under federal or provincial human rights legislation.

Examples of protected aspects include:

• Age
• Race
• Gender
• Religion
• Family status
• Disability

Your company has a duty to investigate and respond appropriately to allegations of harassment and discrimination in the workplace.

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What should I do if my boss is harassing or discriminating against me?

If your employer is creating, or allows for the creation of, a hostile or toxic work environment, there is a very good chance that you can treat it as a constructive dismissal.

In this situation, the law allows non-unionized employees to quit their jobs and pursue full severance pay.

However, you shouldn’t resign until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

We can confirm that you were constructively dismissed, assess your legal options, and help you secure the compensation you are owed.

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Filing a human rights complaint

In addition to a constructive dismissal claim, you can file a human rights complaint if you experience harassment in the workplace or at company events.

The Human Rights Tribunal of Ontario, Alberta Human Rights Commission, and B.C. Human Rights Tribunal, are examples of organizations that are responsible for dealing with complaints pertaining to their province’s human rights legislation.

Successful human rights complaints can result in compensation for the individual who experienced harassment.

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How is severance pay calculated?

Severance for non-unionized employees in Canada can be as much as 24 months’ pay.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Length of service
• Position at the company
• Ability to find new work

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact Samfiru Tumarkin LLP immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

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Can my boss punish me for reporting harassment or discrimination at work?

In Canada, employers can’t punish or threaten to punish non-unionized workers for asserting their workplace rights.

• Example: Your manager constantly insults you because of your ethnicity. You inform your employer that you are being harassed by a member of the management team. The company can’t make major changes to your job as punishment, including cutting your pay or increasing your workload. These types of modifications are illegal in the country.

If your boss disciplines you or threatens to discipline you for asserting your rights, that is a reprisal and you should contact Samfiru Tumarkin LLP immediately.

ADDITIONAL RESOURCES
• Changes to your job in Ontario: Employee rights
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Can my boss pressure me to quit after reporting harassment or discrimination at work?

While your employer might be upset that you reported harassment or discrimination in the workplace, the company can’t pressure or force you to resign.

If your boss is influencing you to step down, document their attempts. Keep any letters, emails, or text messages that show how your employer is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before contacting our firm. You might have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, connect with an experienced employment lawyer at Samfiru Tumarkin LLP as soon as possible.

In addition to severance pay, you could be owed compensation for any damages associated with the end of your employment.

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Can my boss fire me for reporting harassment or discrimination at work?

The short answer is no. Non-unionized employees in Canada can’t be fired for reporting harassment or discrimination at work.

However, employers in the country can dismiss staff for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

Boss fired you “for cause”?

Companies in Canada can’t terminate non-unionized employees for cause if they report harassment and discrimination at work.

This type of dismissal is reserved for the worst kinds of workplace offences, such as serious insubordination, theft, or assault.

Not only can your boss let you go without a severance package, but you won’t be able to access Employment Insurance (EI) benefits.

In order to justify firing you for cause, your employer must prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very hard to do.

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Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Ontario, Alberta, and B.C. have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are legally entitled to.