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5 Common Human Rights Violations at Work in Ontario (And What to Do Next)
Many employees are not sure when unfair treatment at work crosses the line into a legal issue. In Ontario, workplace rights are protected under the Ontario Human Rights Code, and employers have clear obligations they must follow. When those obligations are ignored, it may constitute a human rights violation that entitles you to pursue a complaint and seek compensation.
Not sure if what happened to you is a human rights violation?
You do not have to have all the answers before getting advice. Speaking with a human rights lawyer early can help you understand whether your rights have been violated and what your options are.
Call: 1-866-698-7510 Speak With a Human Rights LawyerWorkplace discrimination
Discrimination occurs when an employee is treated unfairly based on a protected ground under the Ontario Human Rights Code. It does not need to be obvious or intentional to be unlawful. If protected characteristics influence how employment decisions are made, your rights may have been violated.
Workplace discrimination can include being passed over for promotions, receiving unequal treatment compared to coworkers, being excluded from opportunities or assignments, and facing different standards of discipline. Protected grounds include disability, family status, gender, race, religion, age, sexual orientation, gender identity, and others set out in the Code.
For a full list of protected grounds and how they apply, see our guide to the Ontario Human Rights Code.
Workplace harassment
Workplace harassment involves unwelcome behaviour related to a protected ground that creates a hostile, toxic, or poisoned work environment. Unlike general workplace conflict, harassment under the Ontario Human Rights Code is tied to a protected characteristic such as race, disability, religion, or gender.
Examples include offensive comments or jokes about a protected characteristic, bullying or intimidation targeting an employee based on who they are, sexual harassment, and repeated inappropriate conduct that management fails to address. Employers are legally required to investigate and address harassment. Ignoring it can expose them to significant legal liability.
If you are dealing with workplace harassment, see our guide on how to file an HR complaint in Ontario and what to do if HR does not act.
Failure to accommodate
Employers in Ontario have a legal duty to accommodate employees when workplace rules or conditions conflict with a protected need. This obligation applies to disabilities, religious practices, family responsibilities, pregnancy, and other protected grounds. Employers can only refuse accommodation if it causes undue hardship, which is a high legal threshold.
Accommodation may involve adjusted schedules, modified duties, remote work arrangements, or other changes to how the employee performs their role. A refusal to engage with an accommodation request, or a dismissal following a request, may constitute a violation of the Code.
See our full guides on workplace accommodation in Ontario, family status accommodation, and medical accommodation for more detail on how these obligations work in practice.
Does one of these situations sound familiar?
If you believe your rights under the Ontario Human Rights Code have been violated, our team can review your situation and advise you on your options before the situation escalates.
Review My Situation Or call us: 1-866-698-7510Retaliation for speaking up
Employees have the right to raise concerns about workplace human rights issues without fear of punishment. Retaliation occurs when an employer takes negative action against an employee because they asserted their rights, filed a complaint, or participated in an investigation.
Retaliation can include being fired or demoted after raising a concern, having hours or responsibilities reduced, receiving disciplinary action that did not occur before the complaint, or being subjected to a hostile work environment following a complaint. If your employer acts against you for asserting your rights, this may be a separate and additional violation of the Code on top of the original complaint.
Retaliation following a complaint can also support a constructive dismissal claim if the conduct makes your workplace intolerable.
Discriminatory termination
A termination becomes a human rights issue when it is connected to a protected ground under the Ontario Human Rights Code. Examples include being fired after requesting accommodation, termination related to disability or caregiving responsibilities, losing your job shortly after raising a human rights complaint, and dismissal connected to pregnancy, religion, or another protected characteristic.
In many cases, discriminatory termination overlaps with wrongful dismissal in Ontario, and employees may have claims under both the Code and common law. The two legal frameworks can work together to significantly increase the compensation available.
If you were terminated after requesting accommodation or raising a complaint, see our guide to wrongful dismissal in Ontario to understand your full entitlements.
What to do if you experience a human rights violation
Document what happened
Keep detailed notes of each incident including dates, times, what was said or done, and who was present. Written records are critical if your complaint proceeds to the Human Rights Tribunal of Ontario.
Save emails, messages, and evidence
Preserve any written communications that support your account. This includes emails, text messages, performance reviews, and any documentation related to accommodation requests or complaints.
Raise the issue internally if appropriate
Consider whether to raise the matter with HR or senior management. See our guide on how to file an HR complaint in Ontario for guidance on how to do this and what to do if it is not addressed.
Seek legal advice before taking formal action
A human rights lawyer can help you assess the strength of your claim, prepare your application, and advise you on whether to pursue the HRTO, negotiate a resolution, or both. Most HRTO applications must be filed within one year of the last discriminatory act.
If you proceed with a complaint, possible outcomes include the following.
Frequently asked questions about human rights violations at work in Ontario
What is a human rights violation at work in Ontario?
A human rights violation occurs when an employee is treated unfairly based on a protected ground under the Ontario Human Rights Code, such as disability, race, gender, family status, or religion. It can include discrimination, harassment, failure to accommodate, retaliation, or discriminatory termination.
What are the most common human rights violations in the workplace?
The most common violations include workplace discrimination based on a protected ground, harassment creating a hostile work environment, failure to provide reasonable accommodation, retaliation after raising a complaint, and termination connected to a protected characteristic.
What should I do if my employer violates my rights?
Document the incidents, save all relevant communications, consider raising the issue internally, and seek legal advice from a human rights lawyer before taking formal action. Acting early protects your options and your timeline for filing an HRTO application.
Can I be fired for filing a human rights complaint?
No. Retaliation for asserting your rights under the Ontario Human Rights Code is itself a violation of the Code. If your employer fires or demotes you for filing a complaint, that may give rise to an additional claim and may also support a wrongful dismissal claim.
Can I file a human rights complaint in Ontario?
Yes. If you believe your rights have been violated under the Ontario Human Rights Code, you can file an application with the Human Rights Tribunal of Ontario. Most applications must be filed within one year of the last discriminatory act. Speaking with a human rights lawyer before filing can significantly strengthen your application.
Speak with an Ontario human rights lawyer
If you have experienced discrimination, harassment, a failure to accommodate, retaliation, or a discriminatory termination in Ontario, our team can help you understand your rights and the options available to you. Contact us for a confidential consultation.
Call us at 1-866-698-7510 or fill out the form below and we will be in touch.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©