HRTO Dismisses Religious Discrimination Claim
18Sep

HRTO Dismisses Religious Discrimination Claim for Delay

In a recent decision, the Human Rights Tribunal of Ontario (HRTO) dismissed an application by a former General Motors employee who alleged discrimination based on creed for refusing to comply with a COVID-19 vaccination policy.

The case Barras v. General Motors Canada Company and Unifor Local 199, 2025 HRTO 2213 highlights a key point that affects both employers and employees: human rights applications must be filed on time, or they will not be heard at all.

What Happened

  • GM implemented a mandatory COVID-19 vaccination policy in December 2021.
  • Barras sought a religious exemption and submitted an affidavit of his sincerely held beliefs.
  • GM placed him on unpaid leave in December 2021 and did not approve the exemption.
  • Unifor initially filed a grievance but later withdrew it after an arbitration decision upheld the reasonableness of the policy.
  • Barras filed an HRTO application on December 19, 2022, over a year after being placed on leave.

The Tribunal found:

  • • The alleged discrimination occurred when he was placed on unpaid leave on December 2, 2021, which triggered the one-year filing deadline.
  •  Later consequences (remaining on leave, the union withdrawing his grievance) were just the continuing effects of that original decision, not new acts of discrimination.
  • Pursuing a union grievance did not pause the deadline.
    Because the application was late and there was no good-faith explanation for the delay, the HRTO dismissed it.

Why This Matters

This decision reinforces that employment-related human rights claims are time-sensitive:

  • One-year deadline: HRTO applications must be filed within one year of the last incident of discrimination.
  • No pause for grievances: Pursuing a union grievance or other internal process does not stop the HRTO limitation clock.
  • Effects vs. new acts: Ongoing impacts of an earlier decision (like remaining on leave) do not restart the deadline.

Missing the limitation period means the claim cannot be heard, even if it might otherwise have merit.

Christopher Achkar - Employment Lawyer

As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:

“Religious discrimination claims carry deep personal and legal weight, but delays in pursuing them can weaken even the strongest case, both employees and employers should seek guidance early to ensure their rights and obligations are fully protected.” 

What Employers Can Do

  • Track timelines: When addressing Code-related accommodation requests (religion, disability, etc.), keep detailed records of decisions and dates.
  • Communicate decisions clearly: Provide written responses to exemption or accommodation requests to avoid uncertainty.
  • Respond promptly to HRTO applications: If you receive one, carefully check the dates; timeliness is often a strong defence.
  • Train HR and managers: Ensure they understand how to handle accommodation requests lawfully and document the process.

What Employees Should Know

  • Act quickly: If you believe you’ve been discriminated against, file with the HRTO within one year, even if you’re pursuing a grievance or other process.
  • Document everything: Keep records of when policies took effect, when you requested accommodation, and how your employer responded.
  • Seek advice early: An employment lawyer can help you decide whether to pursue a grievance, HRTO application, or both, and make sure deadlines are met.

Final Thoughts

The Barras v. GM decision is a reminder that human rights deadlines are strict. Employers should handle accommodation requests carefully and document them. Employees must act quickly to preserve their rights.

Whether you are managing or challenging workplace policies, missing the deadline can be fatal to a case, even if discrimination may have occurred.

Protect Your Workplace from Human Rights Risks

The Barras v. GM decision shows how quickly human rights disputes can become legal challenges and how critical it is to act within the Tribunal’s strict deadlines. Whether you are an employer developing workplace policies or an employee concerned about your rights, timing and documentation are key.

At Achkar Law, our employment lawyers assist employers in drafting and implementing workplace policies, managing accommodation requests, and responding to HRTO applications.

We also help employees understand their options and protect their rights before deadlines expire.

Contact Achkar Law

Contact our team today to review your policies or get guidance on a potential human rights claim.

Acting early can protect your rights and prevent costly disputes. 

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. ©