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Discrimination in the Workplace in Ontario
Discrimination in the workplace can affect an employee's job security, health, and legal rights. In Ontario, workplace discrimination often overlaps with employment issues such as termination, accommodation, harassment, and constructive dismissal. How discrimination is handled, or ignored, by an employer can influence whether an employee remains employed, whether a workplace becomes poisoned, and whether termination or severance issues arise.
Facing discrimination in the workplace?
If you are a victim of discrimination, harassment, or bullying at work, it may be a human rights violation under the Ontario Human Rights Code. Speaking with a lawyer early can help protect your rights before the situation escalates.
Call: 1-866-561-1793 Speak With a Human Rights LawyerWhat is workplace discrimination in Ontario?
In Ontario, workplace discrimination generally refers to unfair or unequal treatment connected to personal characteristics protected under the Ontario Human Rights Code. Discrimination can occur at any stage of employment, including hiring, during employment, or at termination. It is often not a single event. It may develop over time through patterns of conduct, decisions, or failures to accommodate.
In an employment context, discrimination may involve unequal treatment, denial of accommodation, disciplinary action connected to a protected ground, termination, or workplace exclusion and retaliation.
How discrimination can affect the employment relationship
Discrimination in the workplace is not always limited to isolated incidents. In many cases, it affects the broader employment relationship and an employee's ability to continue working.
Poisoned work environment
Ongoing discriminatory conduct can make the workplace hostile or intolerable over time.
Constructive dismissal
Where conditions become intolerable due to discrimination, an employee may have a constructive dismissal claim.
Termination decisions
Discrimination may play a role in how and why an employment relationship ends.
Severance entitlements
The circumstances surrounding a discriminatory termination can affect severance pay entitlements.
Workplace discrimination and accommodation
Employers in Ontario have a legal duty to accommodate employees in certain circumstances up to the point of undue hardship. Accommodation issues frequently arise in connection with medical conditions, disabilities, pregnancy or family status, and religious practices.
When accommodation disputes arise
- Employer refuses accommodation outright
- Accommodation provided is inadequate
- Employee is disciplined after requesting accommodation
- Employee is treated differently following accommodation needs
Common accommodation grounds
- Medical conditions and disabilities
- Pregnancy and family status
- Religious practices and observances
- Mental health conditions
Discrimination, harassment, and poisoned work environments
Discrimination and workplace harassment often overlap. Discriminatory treatment may involve repeated comments or conduct connected to a protected ground, exclusion from opportunities, differential enforcement of workplace rules, and retaliation after raising concerns.
Over time, this can create a poisoned work environment, making continued employment difficult or impossible. Employees in these situations may experience significant stress, health impacts, or pressure to resign. Where the conditions become intolerable, this may form the basis of a constructive dismissal claim in Ontario.
Has discrimination made your workplace intolerable?
Our human rights lawyers advise employees across Ontario on discrimination claims, poisoned work environments, and the legal options available when an employer fails to act.
Get Legal Advice Or call us: 1-866-561-1793Discrimination and termination of employment
Discrimination issues sometimes surface at or near termination. This may include termination following a request for accommodation, termination after raising discrimination concerns, dismissal linked to protected personal characteristics, and severance offers following discriminatory treatment.
In these cases, the surrounding circumstances may affect how wrongful dismissal and severance pay issues are assessed. Employees who are terminated in circumstances connected to discrimination may have claims under both the Ontario Human Rights Code and common law, which can work together to increase the compensation available.
Frequently asked questions about workplace discrimination in Ontario
Can discrimination lead to constructive dismissal?
Yes. In some situations, ongoing discrimination or a failure to accommodate may contribute to a constructive dismissal claim if working conditions become so intolerable that a reasonable employee would feel forced to resign. Courts look at the overall pattern of conduct, not just individual incidents.
Does discrimination affect severance pay?
Discrimination can be relevant when assessing termination circumstances and severance entitlements, particularly where it influences how employment ended. In some cases, discriminatory treatment may attract additional damages beyond standard severance under common law.
What if discrimination and harassment occur together?
These issues often overlap. Harassment connected to protected characteristics may raise both discrimination and employment law concerns, and may be pursued through the Human Rights Tribunal of Ontario as well as through an employment law claim depending on the circumstances.
What are the protected grounds for discrimination in Ontario?
The Ontario Human Rights Code protects employees from discrimination based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, and disability.
When should I seek legal advice about workplace discrimination?
You should seek advice when discrimination affects your ability to continue working, when accommodation requests are denied, when workplace mistreatment escalates, when termination follows discrimination concerns, or when a severance offer is presented after discriminatory treatment. Early advice protects your options and your HRTO filing timeline.
Speak with an Ontario human rights lawyer
If you are experiencing workplace discrimination in Ontario and are unsure how it intersects with your employment rights, our team can help. We advise employees on discrimination claims, accommodation disputes, wrongful dismissal, and HRTO complaints. Contact us for a confidential consultation.
Call us at 1-866-561-1793 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. ©