Human Rights Lawyer · Toronto · Ottawa · Ontario

Human Rights and Discrimination Lawyers in Ontario

If you have been discriminated against or harassed at work because of who you are, the law is on your side. The Human Rights Code protects you, and you can be compensated for what you have been put through. Find out where you stand before you decide what to do next.

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If you have been discriminated against or harassed at work because of a personal characteristic like your race, disability, sex, age, or family status, Ontario law gives you real protection and real remedies. A human rights lawyer can tell you whether what happened to you breaches the Human Rights Code and what your claim may be worth. Achkar Law's human rights and discrimination lawyers help employees across Ontario challenge workplace discrimination and harassment, bring applications to the Human Rights Tribunal of Ontario, and pursue compensation for the harm they have suffered.

What Counts as Discrimination at Work in Ontario

Under the Human Rights Code, it is illegal for an employer to treat you unfairly because of a protected characteristic. Discrimination is not always obvious. It can be a single serious incident, a pattern of comments, a promotion you never got, or a rule that looks neutral but disadvantages you because of who you are. It also does not have to be intentional to be unlawful.

The protected grounds

The Code protects you from discrimination in employment on grounds including:

  • Race, colour, ancestry, place of origin, ethnic origin, and citizenship. Racial discrimination in the workplace remains one of the most common complaints, from hiring and pay to discipline and dismissal.
  • Disability. Including the failure to accommodate a physical or mental disability to the point of undue hardship.
  • Sex, pregnancy, gender identity, and gender expression. Covering sexual harassment as well as discrimination.
  • Age, marital status, and family status. Including caregiving obligations.
  • Creed, sexual orientation, and record of offences as defined by the Code.

Speak With a Discrimination Lawyer If

  • You were fired, demoted, or passed over because of a protected ground
  • You are experiencing racial discrimination or racist comments at work
  • Your employer refused to accommodate your disability
  • You were harassed because of your sex, gender, or sexual orientation
  • You were treated differently after disclosing a pregnancy or taking a leave
  • You raised a complaint and were punished or dismissed for it
  • A workplace rule or policy disadvantages you because of who you are
  • You want to understand your rights under the Human Rights Code

The Duty to Accommodate Disability

Disability discrimination is one of the largest categories of workplace human rights claims, and much of it comes down to accommodation. Your employer has a legal duty to accommodate a disability up to the point of undue hardship, which is a high bar.

What accommodation looks like

Accommodation can mean modified duties, an adjusted schedule, time off for treatment, assistive equipment, or a graduated return to work. The employer does not have to provide the exact accommodation you prefer, but it does have to engage seriously in the process and provide something that works.

When the duty is breached

Employers breach the Code when they ignore an accommodation request, demand unnecessary medical information, delay without good reason, or push out an employee rather than accommodate them. If that has happened to you, you may have a claim.

What You Can Recover in a Human Rights Claim

A successful human rights claim can result in more than one kind of remedy. What you may recover depends on the facts, but it commonly includes:

  • Compensation for injury to dignity, feelings, and self-respect. These awards frequently range from several thousand dollars to tens of thousands, and higher in serious cases.
  • Lost wages and benefits. For income you lost because of the discrimination, including a discriminatory dismissal.
  • Reinstatement to your job in some cases.
  • Orders that the employer change its policies or train its staff to prevent it happening to others.

Where to Bring a Workplace Discrimination Claim

Most workplace human rights matters in Ontario go to the Human Rights Tribunal of Ontario, and there is generally a one-year deadline to file from the last incident of discrimination. Where discrimination is tied to a dismissal, the claim can sometimes be pursued in court alongside a wrongful dismissal claim instead, which can change the remedies available to you. Choosing the right forum matters, and it is one of the first things we help you get right.

What a Human Rights Lawyer Does for You

Assesses whether you have a claim

We look at what happened, identify the protected ground, and tell you plainly whether it breaches the Human Rights Code and how strong the claim is.

Chooses the right forum

We advise whether the Tribunal, a court claim, or another route gives you the best outcome, based on your situation and what you want to achieve.

Builds and files your application

We prepare the evidence, draft the application, and meet the deadlines, so your claim is put forward properly from the start.

Negotiates a resolution

Many human rights claims settle. We deal with the employer or their counsel to pursue compensation and other remedies without the need for a full hearing where possible.

Represents you at a hearing

If the matter does not settle, we represent you through mediation and the Tribunal hearing itself.

Handles related employment claims

Discrimination often overlaps with other issues. Where it involves being forced out, see our constructive dismissal lawyers, and where you were dismissed outright, our wrongful dismissal lawyers can help.

There Is a Deadline

You generally have one year to file

An application to the Human Rights Tribunal of Ontario must usually be filed within one year of the last incident of discrimination. Miss that window and your claim can be barred, even if it is strong. If you were also dismissed, a separate two-year limitation period under the Limitations Act, 2002 may apply to a court claim. The sooner you get advice, the more options you keep open.

Workplace Discrimination in Ontario: Common Questions

What is the difference between discrimination and harassment?

Discrimination is being treated unfairly or disadvantaged because of a protected ground, such as being passed over, demoted, or dismissed. Harassment is a course of unwelcome comments or conduct related to a protected ground that a reasonable person would know is unwelcome. Both are prohibited in the workplace under the Human Rights Code, and a single situation can involve both.

How do I prove discrimination at work?

You do not need a confession or direct proof. Discrimination is often established through circumstantial evidence, the timing of events, comparisons to how others were treated, comments that were made, and a pattern of conduct. A human rights lawyer helps you gather and present that evidence, and the protected ground only has to be one factor in the treatment, not the only one.

What can I do about racial discrimination in the workplace?

Racial discrimination in employment is prohibited under the Human Rights Code, whether it shows up in hiring, pay, discipline, promotion, or dismissal, or through a racially hostile environment. You can bring an application to the Human Rights Tribunal of Ontario for compensation and other remedies. A lawyer can assess the situation and advise on the strongest way to pursue it.

Can I be fired for making a human rights complaint?

No. The Human Rights Code prohibits reprisal, meaning your employer cannot punish or dismiss you for asserting your rights or making a complaint. If you were dismissed or treated worse after raising a human rights issue, the reprisal itself can be a separate breach of the Code with its own remedies.

How much is a human rights claim worth?

It depends on the facts. Awards for injury to dignity, feelings, and self-respect commonly range from several thousand dollars to the tens of thousands, with higher awards in serious cases, and you may also recover lost wages and other remedies. A lawyer can give you a realistic range once they understand what happened to you.

How does paying for a human rights lawyer work?

We will explain our fees clearly before you commit to anything, so you know exactly how it works from the start and there are no surprises. When you contact us about a discrimination or harassment issue, we can walk you through the fee arrangement along with your options.

Speak With a Human Rights Lawyer in Ontario

If you have faced discrimination or harassment at work, tell us what happened and we will follow up promptly with a clear read on your rights and options under the Human Rights Code. There is generally a one-year deadline to file, so it is worth getting advice early. You can also reach us directly at 1-800-771-7882. We serve employees in Toronto, Ottawa, and across Ontario, with virtual consultations province-wide.

Phone calls, consultations, forms, and emails sent to us do not create a lawyer-client relationship and do not constitute legal advice.

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