Understanding Workplace Discrimination in Ontario

In Ontario, workplace discrimination is a serious concern that affects many employees across various industries. Governed by the Ontario Human Rights Code and the Canadian Human Rights Act, these laws ensure that every individual is free from prejudice based on protected grounds such as gender, sex, age, race, and family status. This article aims to help you understand your rights, recognize instances of discrimination, and learn the appropriate steps to address and report these issues effectively. Whether you’re an employer or an employee, it’s essential to be informed about what constitutes workplace discrimination and the protections afforded by Ontario’s legal framework.

Introduction to Ontario’s Legal Framework

Ontario enforces human rights through the Ontario Human Rights Code, which is designed to prevent discrimination and harassment in various environments, including the workplace. This provincial law works in conjunction with the Canadian Human Rights Act, covering federal jurisdictions. Knowing these laws is crucial for both employers and employees as they set the standards for acceptable workplace behaviour across Ontario.

Detailed Examples of Discrimination

Gender Discrimination: For instance, if an employer assumes a female employee cannot handle certain physical tasks purely based on her gender and denies her the opportunity to take on these tasks, this constitutes gender discrimination.

Racial Discrimination: Consider a scenario where an employee of a particular race is consistently passed over for promotions, despite having similar qualifications and performance levels as their colleagues of different races. This could be a case of racial discrimination.

Disability Discrimination: An example might involve an employer who fails to provide reasonable accommodations for an employee with a disability, thereby significantly hindering their ability to perform their job effectively.

Age Discrimination: An older employee is consistently overlooked for training opportunities which are offered to younger employees, under the assumption that it wouldn’t benefit someone closer to retirement.

Family Status Discrimination: A parent is denied a promotion because the employer assumes their family commitments will interfere with job responsibilities, or an employee is treated less favorably due to their responsibilities as a caregiver.

Sexual Orientation Discrimination: An employee is subjected to derogatory remarks or differential treatment based on their sexual orientation or the employer assumes that an employee’s sexual orientation will affect their job performance.

Political Belief Discrimination: An employee is penalized for their political beliefs or for participating in political activities outside of work hours, affecting their career progression or job security.

Discrimination Based on National Origin: An employee from another country is subjected to jokes about their accent or nationality, or their qualifications from outside Canada are undervalued.

Creed Discrimination: An employee who follows a particular religion or set of spiritual beliefs requests time off to observe a religious holiday that is important to their faith. Despite company policy allowing for religious observances, the request is denied due to a supervisor’s belief that it would set a precedent for too many similar requests, impacting work schedules. This decision, influenced by the supervisor’s misunderstanding and bias towards the employee’s religious practices, constitutes discrimination based on creed as it unfairly prevents the employee from observing their religious duties.

These examples help illustrate the forms of discrimination that can occur within the workplace and underscore the importance of recognizing and addressing such issues.

Steps to Take When Facing Discrimination

If you believe you are experiencing discrimination in the workplace, it’s crucial to act:

• Document Everything: Keep detailed records of all discriminatory incidents, including emails, dates, times, and names involved. This documentation will be vital for any workplace investigations or potential lawsuits.
• Report Internally: Immediately report the discrimination to your human resources department or your manager. Follow your company’s harassment policy if one exists. If the policy is unclear or if your harasser is in a position of authority, it may be necessary to report to another manager or supervisor to avoid bias.
• Protection Under the Code: The Ontario Human Rights Code protects you from reprisal for raising complaints about workplace discrimination or harassment. This means it is illegal for employers to threaten or terminate employment for reporting such issues.
• Seek External Advice: If your complaint is not addressed satisfactorily, or if you feel unsafe or biased in how your complaint is handled, consult with an employment lawyer or contact the Ontario Human Rights Commission for further guidance.
• File a Complaint: If necessary, escalate the issue by filing a formal complaint with the Ontario Human Rights Tribunal.

Employer Responsibilities in Addressing Discrimination

Employers must take a proactive and serious approach to dealing with workplace discrimination:

• Conduct Fair Investigations: Upon receiving a complaint, employers are obligated to initiate a prompt and thorough investigation, using an investigator who is neutral and not involved in the incident. This helps ensure a fair process and prevents any conflicts of interest.
• Review and Update Policies: Regularly review and update the workplace policy. A sound policy should clearly define what constitutes harassment, outline the complaint and investigation process, and specify the consequences of violating these policies.
• Address Complaints Swiftly: Ignoring or inadequately addressing complaints of harassment can lead to severe consequences, including costly litigation, damage to company morale, negative media coverage, and reputational harm.

What Happens if Workplace Harassment is Left Unaddressed?

When employers fail to address workplace harassment adequately, it can escalate to legal challenges:

• Potential Litigation: Employers may face legal action before the Ontario Human Rights Tribunal or in courts, which can be costly and damaging to the organization’s reputation.
• Constructive Dismissal: Employees whose complaints are ignored might be considered constructively dismissed, a condition where the employment relationship is deemed terminated due to the employer’s conduct. In such cases, employees may pursue termination entitlements.
• Seek Legal Advice: If harassment continues after raising concerns, it’s crucial for employees to consult with an experienced employment lawyer to discuss further steps, including potential legal actions.

Act Now to Address Workplace Discrimination in Ontario. Contact Achkar Law

Discrimination has no place in a modern workplace. Whether you are facing discrimination or are in a position to prevent it, taking immediate action is essential.

If you are an employee experiencing discrimination, document all relevant incidents meticulously and report them via your company’s established channels or directly to HR. If responses are lacking or unsatisfactory, don’t hesitate to seek further guidance by contacting the Ontario Human Rights Commission or consulting an employment lawyer.

As an employer, you have a duty to cultivate a fair and inclusive environment. Regularly update and enforce your anti-discrimination policies, conduct impartial and thorough investigations into complaints, and provide ongoing training to promote understanding and respect among all staff.

Need help or advice? Reach out now for  legal guidance on navigating and resolving workplace discrimination issues:

1 (800) 771-7882 | [email protected]