Workplace Discrimination

What is workplace discrimination?

In Canada, workplace discrimination is the unfair or prejudicial treatment of employees or job applicants based on protected characteristics, including race, gender, age and religion.

Discrimination can occur during any phase of employment, including hiring, promotion, compensation, termination, and day-to-day work interactions.

Workplace discrimination in Canada is governed by federal and provincial human rights legislation that may vary depending on the jurisdiction.

Learn about discrimination at work in your province:

Ontario  ALBERTA  BRITISH COLUMBIA

Workplace discrimination can cause harm to both employees and employers. It hinders diversity, inclusion, and productivity and can lead to legal consequences for employers who fail to address or prevent discriminatory practices.

Types of discrimination

Workplace discrimination can manifest itself in many different ways:

• Direct Discrimination: Occurs when an individual is treated unfairly or less favourably due to their protected characteristic.
• Indirect Discrimination: Involves policies or practices that, while appearing neutral on the surface, disproportionately disadvantage individuals with certain protected characteristics.
• Harassment: Inappropriate or offensive conduct, comments, or behaviour based on protected characteristics that create a hostile or intimidating work environment.
• Retaliation: Occurs when an employer takes adverse actions against an employee for asserting their rights or opposing discriminatory practices.

What happens if I experience discrimination at work?

If an employee experiences discrimination in the workplace, they should consider taking the following steps:

• Document incidents
• Review company policies
• Talk to the offender (if you feel safe and comfortable doing so)
• Consult management
• Get legal advice

In some cases, resignation with severance pay may be an effective option. At Samfiru Tumarkin LLP, we can determine if your negative experience has effectively ended, or terminated, the working relationship. You may be entitled to a full severance package – as much as 24 months’ pay – through a constructive dismissal claim.

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• Do I get severance if I quit?
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Consult with our legal team before you quit your job! You may jeopardize your right to compensation if you observe the proper steps when resigning.

Workplace discrimination lawyers

The workplace discrimination lawyers at Samfiru Tumarkin LLP are dedicated legal professionals with a proven track record of championing the rights of employees who have faced discrimination in the workplace. With our deep expertise in employment law and a commitment to justice, we provide unwavering support and advocacy for victims of discrimination, helping them navigate the legal complexities and seek proper compensation. We’ve helped tens of thousands of employees obtain justice since 2007.

From Ontario to Alberta and B.C., our employment lawyers are here to resolve your workplace concerns. If you’re a non-unionized employee experience discrimination at work, contact us online or at 1-855-821-5900 to get the advice you need and the compensation you deserve.