Workplace Human Rights in Ontario

What are my human rights as an employee in Ontario?

In Ontario, employees have the right to fair treatment and equal opportunities in the workplace, free from discrimination and harassment. This includes protection based on race, gender, disability, age, sexual orientation, and other grounds under the Ontario Human Rights Code. Employees are entitled to a safe and respectful work environment where their dignity and rights are upheld.

Workplace human rights violations occur in Ontario when an individual is subjected to unfair treatment or discrimination based on these protected grounds.

Watch the video below from the Employment Law Show and read on to learn more about human rights violation and your rights in the province.

LEARN MORE

What are examples of human rights violations at work?

Examples of workplace human rights violations in Ontario include:

• Discrimination: Making employment decisions based on race, gender, age, disability, or other protected characteristics, such as refusing to hire someone because of their ethnic background.
• Harassment: Subjecting employees to unwelcome comments, jokes, or actions that are offensive or demeaning, such as sexual harassment or racial slurs.
• Retaliation: Punishing an employee in Ontario for complaining about discrimination or harassment, such as demoting or firing them for filing a human rights complaint.
• Failure to accommodate: Not providing reasonable accommodations for employees with disabilities, religious practices, or family responsibilities, such as refusing to adjust work hours for an employee with caregiving duties.
• Creating a hostile work environment: Allowing a workplace culture where discriminatory or harassing behaviour is tolerated, making it difficult for employees to perform their job or feel safe at work.

Employers have a duty to ensure a workplace free from discrimination and harassment. Employees should document any incidents and talk to Samfiru Tumarkin LLP if you believe you are experiencing discrimination.

Back To Top

What is the Ontario Human Rights Code?

The Ontario Human Rights Code (The Code) is a provincial law designed to protect individuals from human rights violations in various social areas, including the workplace.

It outlines the rights and responsibilities of individuals and organizations to promote respect and dignity for everyone. The Code prohibits discrimination on various grounds, such as race, gender, age, sexual orientation, disability, and more, ensuring equal treatment for all workers in Ontario.

Back To Top

What to do if you experience a human rights violation at work

If you experience a workplace human rights violation in Ontario, it’s important to take action. Here are some key steps to take:

1. Start by documenting the incidents, including dates, times, and details of what occurred.
2. Contact an employment lawyer at Samfiru Tumarkin LLP to understand your rights and options.
3. Consider reporting the harassment to your supervisor, human resources department, or a designated person in your workplace. It may be appropriate to give your employer the opportunity to deal with the problem.
4. If the issue is not resolved, you can file a complaint with the Human Rights Tribunal of Ontario (HRTO).

Back To Top

How can I prove that my human rights have been violated?

Proving that your human rights have been violated in an Ontario workplace involves several key steps:

• Document everything: Keep detailed records of any incidents that you believe constitute a violation, including dates, times, locations, and the names of any witnesses. Documentation can include emails, text messages, and notes from conversations.
• Report the violation: Tell your employer or the relevant authority within your company about the violation, following any internal procedures for reporting discrimination or harassment. This not only formalizes your complaint but also provides an official record.
• Call an employment lawyer: Consulting with a lawyer at Samfiru Tumarkin LLP who specializes in human rights law can provide you with guidance on the legal aspects of your case and help in gathering the necessary evidence.

This evidence will be crucial in building a strong case if you decide to file a complaint or take legal action.

Back To Top

How to file a human rights complaint in Ontario

If you believe your human rights have been violated at work in Ontario, you can file a complaint with the Human Rights Tribunal of Ontario (HRTO). Here is the process:

• Identify the issue: Make sure it’s related to discrimination or harassment covered by the Ontario Human Rights Code. We recommend you speak to an employment and human rights lawyer at Samfiru Tumarkin LLP to determine if your rights have been violated, and how we can handle your matter to get proper compensation.
• Document everything: Keep detailed records of the incidents, including dates, times, and any evidence.
• Submit a complaint: Fill out and submit a form to the HRTO.
• Consider mediation: The HRTO may offer mediation to resolve the issue before a hearing. This step is voluntary. Samfiru Tumarkin LLP settles most human rights cases before they proceed this far.
• Attend a hearing: If mediation doesn’t work, a hearing will be held where both parties present their case.
• Wait for a decision: The HRTO will decide on the case based on the evidence presented.

Make sure you file on time with the HRTO! You must submit your complaint within one year of the incident or the last incident in a series.

Back To Top

Can I be fired for raising a human rights issue?

No. In Ontario, it is illegal for an employer to fire an employee for raising a human rights issue or filing a human rights complaint. This includes termination, demotion, or any form of reprisal. This type of reaction is a human rights violation.

LEARN MORE
• Fired for cause in Ontario
• Rights when you lose your job without cause

If you have been fired for addressing discrimination or harassment, you 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.

Back To Top

How an Ontario Human Rights Lawyer can help

Samfiru Tumarkin LLP’s Ontario human rights lawyers can provide expert guidance on your rights and options if you’ve experienced discrimination or harassment at work.

We can assist non-unionized employees with filing a complaint with the Human Rights Tribunal of Ontario and represent you in mediation or hearings. If you’re facing a human rights issue, consulting with a lawyer at our respected firm can ensure your rights are protected and you receive the justice you deserve.

Our solid track record and dedicated approach make us a top choice for workplace human rights cases in Ontario. We stand strong as a highly regarded and extensively reviewed law firm, delivering successful outcomes for employees faced with problems. Partnering with us guarantees steadfast legal support focused on securing your rightful severance and justice in the workplace.

Comprehensive 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.