Workplace discrimination in Ontario: Employee rights

Definition of workplace discrimination in Ontario

In Ontario, if you’re treated unfairly at work because of who you are—like your age, race, gender, or any other personal trait—that’s workplace discrimination. It’s prohibited under the Ontario Human Rights Code, which protects employees from being judged on personal characteristics that have nothing to do with how well they can do the job.

Discrimination can show up in many ways. It might be very clear, like being passed over for a job or promotion you’re a good fit for, just because of where you come from or how you look. Or, it could be more hidden, like consistently not being considered for training that could advance your career, again for reasons that aren’t fair.

Remember, it doesn’t matter if it’s your boss, a coworker, or even a customer who treats you unfairly. It’s still discrimination. Everyone deserves respect and equal chances in their workplace.

Watch the video below from Ask a Lawyer on CP24 and read on to learn more about discrimination and violations in the workplace, and your rights as a provincially regulated, non-unionized employee in Ontario.

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Workplace discrimination laws in Ontario

In Ontario, the legislation governing workplace discrimination is the Ontario Human Rights Code (the Code). This law is designed to protect provincially regulated, non-unionized employees from being treated unfairly in their workplaces due to certain protected characteristics. It enforces the principle that everyone deserves equal treatment and opportunities in employment without facing discrimination.

Ontario Human Rights Code

The Code is instrumental in safeguarding individuals against discrimination in the workplace, covering a broad spectrum of protected grounds, including but not limited to:

The Code mandates that employers in Ontario must create a workplace environment that is free from discrimination. This involves implementing policies and practices that ensure all employees are treated equitably across various aspects of employment, including recruitment, training, promotions, and terminations, regardless of these protected characteristics.

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Employers are required to actively prevent and address instances of discrimination in the workplace. This includes setting up clear procedures for reporting and investigating complaints of discrimination, as well as taking appropriate actions to remedy and prevent future occurrences.

By adhering to the principles laid out in the Ontario Human Rights Code, employers and employees alike contribute to a more inclusive, respectful, and fair workplace. This legal framework ensures that every individual’s rights are protected, promoting a positive and productive work environment for all.

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Workplace discrimination statistics in Ontario

Understanding the scope and nature of workplace discrimination in Ontario is essential to fostering a respectful and inclusive work environment. Recent statistics shed light on perceptions of discrimination and harassment, revealing both challenges and areas for proactive improvement. Here’s a snapshot of workplace discrimination in Ontario based on a comprehensive survey from 2017 by the Ontario Human Rights Commission:

General perceptions

• 66% of respondents believe discrimination is a problem in Ontario, with 12% considering it a major issue.

• Perception of discrimination being a major problem varies notably among certain demographics, with higher rates among individuals aged 45 to 59 (17%), residents of the City of Toronto (17%) and Northern Ontario (18%), households earning under $40,000 (17%), and those unemployed or receiving disability assistance (17%).

• 32% of Black respondents and 24% of Indigenous respondents view discrimination as a major problem, highlighting significant concerns within these communities.

Reasons for discrimination

• A majority of respondents (63%) identify race or colour as the most common basis for discrimination, followed by sexual orientation (34%) and disability (25%).

• Race and colour are the top reasons cited for discrimination across Ontario, with higher acknowledgment in the 905-area (72%) and the City of Toronto (70%).

Protection of human rights

• Only 15% of respondents feel human rights are very well protected in Ontario, whereas 61% believe they are somewhat well protected.

• Those who have experienced discrimination in the past five years are more likely to feel that human rights are not adequately protected (35%).

Awareness and understanding

• Approximately 66% of Ontarians report some knowledge of human rights protections and obligations, yet familiarity with specific human rights laws and systems varies.

• 55% are aware of the Human Rights Code, 48% know about the Ontario Human Rights Commission (OHRC), but only 36% are familiar with the Human Rights Tribunal of Ontario (HRTO).

Action and response

• Respondents report a hesitancy to act on discrimination, with 48% choosing not to respond to their most recent experience of discrimination.

• A minority sought assistance from the Human Rights Legal Support Centre (3%) or filed a complaint with the HRTO (2%).

Insights for action

These statistics underscore the importance of ongoing education, policy development, and support systems to combat workplace discrimination in Ontario.

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Examples of workplace discrimination in Ontario

Workplace discrimination in Ontario can manifest in various forms, affecting individuals across different sectors and job roles. Understanding these examples can help identify and address discrimination more effectively:

• Hiring discrimination: Decisions not to hire candidates based on their age, gender, race, religion, sexual orientation, or disability, rather than their qualifications or experience.
• Pay and compensation discrimination: Providing different salaries, benefits, or compensation to employees who perform the same work, based on personal characteristics unrelated to job performance.
• Promotion and advancement discrimination: Overlooking qualified employees for promotions or professional development opportunities due to factors like gender, race, or age, rather than merit or achievements.
• Job assignment discrimination: Assigning employees to less desirable tasks or positions because of their personal characteristics or perceived capabilities linked to stereotypes.
• Termination discrimination: Firing or laying off employees based on protected characteristics, rather than performance issues or economic reasons.
• Religious discrimination: Not accommodating an employee’s religious practices, such as prayer times or religious attire, when such accommodations would not cause undue hardship to the employer.
• Disability discrimination: Failing to provide reasonable accommodations for employees with disabilities, impacting their ability to perform their job effectively.
• Parental or family status discrimination: Treating employees unfavourably because of their parental responsibilities or family status, such as denying flexible working hours for childcare.
• Age discrimination: Biases against older or younger employees in hiring, promotions, job assignments, and terminations, based on assumptions about their ability or desire to work.
• Sexual orientation and gender identity discrimination: Negative treatment of employees based on their sexual orientation, gender identity, or gender expression, including derogatory comments, exclusion, or unfair job-related decisions.
• Retaliation: Punishing employees for asserting their rights, filing a discrimination complaint, or participating in an investigation related to discrimination in the workplace.

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What is NOT considered workplace discrimination?

In the effort to create respectful and inclusive workplaces in Ontario, it’s important to distinguish between discriminatory practices and actions that, while potentially challenging, do not constitute discrimination under the law. Here’s a clarification on what generally is NOT considered workplace discrimination:

• Merit-based decisions: Employment decisions based on qualifications, skills, performance, and experience, including hiring, promotions, and terminations, are not discriminatory when applied fairly and without bias towards protected characteristics.
• Legitimate business policies and practices: Policies, procedures, and workplace rules that apply to all employees equally, and are necessary for the safe and efficient operation of the business, do not amount to discrimination, provided they do not disproportionately impact a particular group or fail to accommodate to the point of undue hardship.
• Constructive feedback and performance management: Providing employees with honest, constructive feedback on their work performance or behaviour, including through performance appraisals or disciplinary actions for legitimate workplace issues, is a necessary aspect of workplace management, not discrimination.
• Workplace conflicts and differences: Ordinary disagreements or conflicts that arise in the workplace are not considered discrimination. It’s the nature of human interaction to sometimes clash over ideas or decisions, provided these situations are handled professionally and without bias.
• Voluntary social interactions: Mutual and consensual social interactions or friendships that occur in the workplace, which are welcome and reciprocated by all parties involved, do not constitute discrimination. The atmosphere should remain respectful and inclusive to all.
• Workload and scheduling decisions: Assignments of duties, scheduling, workload distribution, and similar managerial decisions are not discriminatory when they are based on operational needs and are implemented equitably among all employees, considering any legitimate accommodations that might be required.

Recognizing the difference between challenging workplace scenarios and actual discriminatory practices ensures that resources and attention are directed where they are most needed, promoting fairness and inclusivity in Ontario’s workplaces.

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Who experiences discrimination in the workplace?

Discrimination in the workplace can impact anyone, regardless of their position or role within an organization. Those who may experience workplace discrimination include:

• Employees at all levels
• Supervisors and managers
• Job applicants
• Contractors and temporary workers
• Clients and customers

Discrimination is not only about the direct victims. Those who witness discriminatory behaviour in the workplace may also suffer its consequences, contributing to an overall environment that feels unwelcoming, hostile, or intimidating for everyone involved.

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Effects of workplace discrimination

Discrimination in the workplace extends far beyond the immediate moments of unfair treatment, leading to significant consequences for both individuals and the company. The strain caused by discrimination can develop in various physical and psychological ways:

• Stress
• Mental health issues
• Difficulty concentrating
• Impaired job performance or drop in productivity
• Impact on family and social life
• Legal and financial consequences for employers
• Lowered self-esteem
• Increased absenteeism
• Trouble sleeping
• Loss of appetite
• Digestive problems
• Headaches or migraines
• Depression
• Anxiety
• Alcohol or drug abuse

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How to respond to workplace discrimination in Ontario

Confronting workplace discrimination is a significant challenge, yet knowing the appropriate steps to take is crucial for protecting your rights and well-being. Here’s a guide tailored for non-unionized employees in Ontario:

• Identify discrimination: First, recognize that workplace discrimination can take many forms, such as unequal treatment in hiring, pay, job assignments, promotions, training opportunities, and dismissals based on age, race, sex, disability, and other protected characteristics.
• Document incidents: Maintain a thorough record of all discriminatory acts, including the date, time, location, individuals involved, and any witnesses. Save emails, messages, or any other form of communication that could serve as evidence.
• Understand workplace policies: Review your employer’s discrimination and equal opportunity policies typically found in the employee handbook or company intranet. These documents outline the procedures your employer has established for addressing discrimination complaints.
• Report siscrimination: File a report according to your company’s established procedures. This might involve speaking to your supervisor, the human resources department, or another designated representative within your organization.
• Take care of yourself: Seek support from mental health professionals or employee assistance programs to address the emotional impact of discrimination.
• Know your legal rights: Familiarize yourself with the Ontario Human Rights Code, which protects individuals from discrimination in the workplace. The Ontario Human Rights Commission also provides resources and guidance on discrimination and can help you understand your rights and options.
• Contact the Human Rights Tribunal: Consider filing a complaint with the Human Rights Tribunal of Ontario (HRTO) if the discrimination is related to protected grounds. Applications must be made within one year of the last incident.
• Consult an Employment Lawyer: If you experience persistent or severe workplace discrimination, consult with an employment lawyer at Samfiru Tumarkin LLP before filing a claim with the HRTO. Our experienced lawyers can provide personalized advice on the best course of action, and ensure you understand your rights and options.

No one should navigate this process alone. Taking informed steps can help you advocate for a fair and respectful work environment.

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How can I prove workplace discrimination?

Proving discrimination in the workplace can be challenging, but it’s not impossible. You can build your case by taking these steps:

• Keep a detailed log of discriminatory incidents: Document every instance of discrimination, noting the date, time, location, what was said or done, and the names of any witnesses. This log can help establish a pattern of discriminatory behaviour.
• Collect all relevant documentation: Save any emails, memos, text messages, or other communications that might indicate discriminatory motives. Pay stubs, job postings, performance reviews, and any other employment records that reflect differential treatment are also important.
• Document performance and contributions: Keep records of your work performance, including evaluations, commendations, and any productivity metrics. This information can counter any claims that employment decisions were based solely on performance rather than discriminatory reasons.
• Record efforts to address the issue internally: Keep a record of any reports or complaints you’ve made to HR or management about the discrimination, including dates and the outcomes of those reports. This demonstrates that you gave the employer a chance to resolve the issue.
• Understand and compile policy documents: Gather copies of your employer’s anti-discrimination, equal opportunity, and complaint procedure policies. These documents can support your case by showing that the employer was aware of the need to prevent discrimination.
• Seek witnesses: If coworkers or others are willing to support your claims, their testimonies can be powerful evidence. They can provide third-party accounts of your experiences or similar experiences of their own.
• Consult with an Employment Lawyer: An experienced lawyer at Samfiru Tumarkin LLP can offer guidance on collecting evidence and can help assess the strength of your case. They can also advise you on the next steps, whether it’s filing a complaint with the Human Rights Tribunal of Ontario or pursuing other legal actions.

By following these steps, you can strengthen your case and protect your rights in the workplace.

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Employer obligations for Ontario workplace discrimination

In Ontario, employers are required to meet specific legal obligations to prevent and address workplace discrimination. These obligations are crucial for fostering a work environment that is inclusive, equitable, and free from discrimination. Here are the primary responsibilities that employers need to fulfill:

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Constructive dismissal and discrimination at work

Facing discrimination at work isn’t just a personal challenge; it’s a legal issue that can significantly impact your career and well-being. In Ontario, if workplace discrimination reaches a point where you feel forced to leave your job, it may constitute what’s known as “constructive dismissal.“ This concept is crucial for employees to understand, as it offers a pathway to seek recourse and compensation under employment law.

What is constructive dismissal?

Constructive dismissal in Ontario occurs when an employer makes a significant change to the terms of your employment without your consent or if your workplace becomes intolerable due to discrimination, harassment or other negative behaviours. This doesn’t mean you’ve been formally fired. Instead, the actions or inactions of your employer push you to resign. It’s as if you’ve been dismissed or terminated without cause because staying becomes unbearable.

Workplace discrimination that escalates to a constructive dismissal situation can include:

• Systematic or persistent inequality
• Unresolved discrimination
• Hostile work environment
• Retaliatory actions

Your rights and next steps

Before you resign due to these circumstances, it’s vital to know that you might have the right to seek compensation as though you were wrongfully dismissed. Here’s what you should consider:

• Documentation: Keep detailed records of the discriminatory incidents, including dates, times, and witnesses. This information will be crucial for your case.
• Company Policies: Review your employer’s discrimination and complaint policies. Following the outlined steps can be important, even if you end up resigning due to unresolved issues.
• Legal Advice: Before making any decisions, consult with an employment lawyer at Samfiru Tumarkin LLP. We can guide you through the complexities of proving constructive dismissal and help you understand your rights, including full severance pay.

At Samfiru Tumarkin LLP, we specialize in employment law and have extensive experience assisting employees who’ve faced discrimination and constructive dismissal. If you believe you’ve been forced out of your job due to unacceptable workplace conditions, contact us. Our team can assess your situation, guide you on how to proceed, and represent you in seeking the compensation you deserve.

Remember, no one should have to endure discrimination in the workplace. Understanding your rights is the first step toward resolving the situation and moving forward.

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Can I be fired for reporting workplace discrimination in Ontario?

No. In Ontario, it is illegal for an employer to terminate an employee, with or without cause, for reporting workplace discrimination. Such inappropriate responses by an employer, known as reprisals or retaliation, are prohibited. Employers are also forbidden from demoting, suspending, cutting pay, or making any adverse changes to an employee’s job conditions in response to employees exercising their workplace rights. These actions are considered violations of human rights.

If you have been fired for addressing discrimination in the workplace, you may have grounds for a wrongful dismissal claim and should contact our Ontario employment law team immediately.

Do not accept any severance offer, termination papers, or exit agreement from your employer, even if they come with a deadline. These deadlines are pressure tactics used to push you into accepting inadequate compensation. Once you sign and return these documents, you forfeit your ability to negotiate a fair and proper severance package.

Calculating severance

Calculating a severance package in Ontario involves multiple factors, including:

• Age
• Length of service
• Position at the company
• Commission
• Benefits
• Ability to find similar work

To figure out how much compensation you should receive, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians determine their entitlements.

If your company’s offer falls short of what our Severance Pay Calculator says you are owed, it’s very likely that you have been wrongfully dismissed and should take legal action. In Ontario, your severance package can be as much as 24 months’ pay.

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Ontario workplace discrimination lawyers: How we can help

Samfiru Tumarkin LLP’s team of Ontario workplace discrimination lawyers offers expert guidance on your rights and options if you’ve experienced discrimination at work. We assist non-unionized employees in determining if they have been victims of discrimination or harassment, advising on how to respond, and assessing if they have been constructively dismissed. Consulting with a lawyer at our respected firm ensures your rights are protected and that you receive the justice you deserve.

Our solid track record and dedicated approach make us a top choice for workplace discrimination cases in Ontario. Recognized as a highly regarded and extensively reviewed law firm, we deliver successful outcomes for employees facing these challenges. Partnering with us guarantees steadfast legal support, focused on securing your rightful severance and ensuring justice in the workplace.

Comprehensive employment law services for Ontario employees

In addition to severance package negotiations, we have experience securing solutions for the following employment matters:

If you are a non-unionized employee in Ontario (or Alberta and B.C.) who needs help with a human rights issue, contact us or call 1-855-821-5900 to get the advice you need, and the compensation you deserve.