How Can You Sue a Company for Workplace Discrimination

Workplace discrimination is a serious legal matter that can cause financial, emotional, and reputational harm to employees. In Ontario, individuals who experience discrimination based on race, gender, religion, disability, sexual orientation, age, or other protected grounds have a legal right to take action.

This article explains how to sue a company for workplace discrimination under Ontario law, outlining the steps involved, your legal options, and how a discrimination lawyer can assist.

Get A Workplace Discrimination Lawyer On Your Side

Understanding Workplace Discrimination in Ontario

Discrimination occurs when an employee is treated unfairly or differently because of personal characteristics that are protected under the Human Rights Code. These characteristics include:

Race, colour, or ethnic background
Sex, gender identity, or sexual orientation
Age or disability (including mental health conditions)
Religion or creed
Family or marital status
Citizenship, ancestry, or place of origin

Discrimination can occur in hiring, promotion, pay, termination, or day-to-day treatment. It does not need to be intentional to be unlawful.

Step 1: Document the Discriminatory Behaviour

Before suing a company, it is essential to build a clear and credible record of what occurred. This will be central to proving your case.

Record dates, times, and details of discriminatory incidents.
Save all emails, text messages, performance evaluations, or memos that may support your claim.
Identify witnesses who may have observed the discriminatory treatment.
Keep a timeline of events and communications related to the issue.

Having strong documentation will support your case before the Human Rights Tribunal of Ontario (HRTO) or in court.

Step 2: Report the Discrimination Internally

Most workplaces have internal complaint procedures. While not always mandatory, making an internal report can show that you took reasonable steps to resolve the issue.

Review your employer’s workplace policies or employee handbook.
Report the behaviour to your supervisor, HR department, or senior leadership.
Keep a written record of your report and any responses received.

If the employer does not take your complaint seriously or retaliates against you, this may strengthen your legal position.

Step 3: File a Claim with the Human Rights Tribunal of Ontario (HRTO)

The HRTO handles complaints under the Human Rights Code. This is often the first legal step in suing a company for discrimination.

Submit an application within 1 year of the last discriminatory act.
Provide detailed information about the company, the events, and the remedy you seek.
Remedies can include financial compensation, reinstatement, or changes to workplace policies.

The HRTO may offer mediation to resolve the matter before a formal hearing. If no resolution is reached, the application proceeds to a hearing.

Step 4: Consider Civil Litigation in the Courts

In some cases, you may be able to file a civil lawsuit instead of, or in addition to, a complaint with the HRTO.

Civil claims may be appropriate when there are significant financial damages or if the discrimination is linked to wrongful dismissal.
Lawsuits can seek damages for lost income, mental distress, or reputational harm.
You cannot usually proceed with both an HRTO application and a civil lawsuit for the same issue. Legal advice is crucial here.

Consulting an employment lawyer is essential to determine the best legal path.

Step 5: Work With an Employment Lawyer

Suing a company for workplace discrimination is a legal process that requires careful strategy and expert knowledge. A qualified lawyer can:

Evaluate the strength of your claim and explain your legal options.
Help you decide whether to proceed through the HRTO or court system.
Assist with preparing your claim, gathering evidence, and communicating with the employer or their legal counsel.
Represent you at mediation, hearings, or in court.
Ensure your rights are protected and that deadlines are met.

Your Legal Options at a Glance

Legal Path	Where to File	Timeline	Potential Remedies
HRTO Complaint	Human Rights Tribunal of Ontario	Within 1 year of last incident	Compensation, policy changes, reinstatement
Civil Lawsuit	Ontario Superior Court	Within 2 years (typically)	Lost wages, emotional distress, punitive damages

Conclusion

Suing a company for workplace discrimination involves understanding your rights, documenting your experience, and choosing the right legal forum. The Human Rights Code provides clear protections, but enforcing those rights requires informed action. With the support of an experienced discrimination lawyer, you can hold employers accountable and seek a fair resolution.

Contact Achkar Law

If you have been discriminated against at work or need legal advice about your options, Achkar Law can assist. Our team of experienced employment lawyers has a strong track record of helping employees pursue discrimination claims through the Human Rights Tribunal of Ontario and civil courts.

Call us toll-free at 1-800-771-7882 or email [email protected] to schedule a consultation.

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