The Ontario Human Rights Code Explained
Enacted in 1962, the Ontario Human Rights Code (the Code) is a foundational law that promotes equality, diversity, and inclusion across the province. It aims to eliminate systemic discrimination and remove barriers preventing disadvantaged groups from enjoying equal opportunities. This article provides a practical overview of the Code and its impact on individuals and organizations in Ontario.
While the Ontario Human Rights Code applies provincially, the Canadian Human Rights Act governs federally regulated employers and workplaces.
Looking for clear advice about your rights under the Ontario Human Rights Code?
Speak to an Ontario human rights lawyer today.
Key Principles of the Ontario Human Rights Code
The Ontario Human Rights Code is built on several key principles to ensure fairness and equality for all:
Equal Treatment: Individuals must have equal access to services, opportunities, and benefits, free from discrimination.
Accommodation: Organizations must provide reasonable accommodations for individuals with disabilities to promote inclusivity and accessibility.
Harassment Prevention: The Code prohibits harassment based on protected grounds, fostering safer environments in workplaces, housing, and public services.
Protected Grounds Under the Ontario Human Rights Code
The Code protects individuals from discrimination based on many characteristics, including:
- Race
- Ancestry
- Place of Origin
- Citizenship
- Creed
- Sex
- Sexual Orientation
- Gender Identity
- Gender Expression
- Age
- Marital Status
- Family Status
- Disability
- Receipt of Public Assistance
If you believe you’ve been discriminated against based on any of these characteristics, you may have legal recourse.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“The Ontario Human Rights Code sets clear standards for fairness in the workplace, protecting employees from discrimination and guiding employers in meeting their legal obligations. Whether you’re asserting your rights or ensuring compliance, speaking to a lawyer can help you take the right steps with confidence.”
Where the Ontario Human Rights Code Applies
The Code applies to several critical areas of daily life:
- Employment: Equal treatment in hiring, promotions, terminations, and workplace policies.
- Housing: Protection against discrimination when renting or buying property.
- Services: Equal access to public services, including healthcare and education.
- Contracts: Protection in contractual relationships.
- Union and Professional Associations: Fair access to opportunities in unions and professional organizations.
These protections cover many aspects of life where discrimination can occur.
Employer Responsibilities Under the Ontario Human Rights Code
Organizations in Ontario must comply with the Code by:
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Creating Inclusive Policies: Implementing anti-discrimination and anti-harassment policies.
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Providing Accommodation: Adjusting working conditions for employees with disabilities, family responsibilities, or religious needs, unless doing so creates undue hardship.
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Handling Complaints Promptly: Investigating and resolving concerns quickly to avoid legal risks.
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Staff Training: Providing training on human rights obligations and respectful workplace behaviour.
Duty to Accommodate and Undue Hardship
Employers must accommodate employees to the point of undue hardship. This means making adjustments unless they cause excessive costs or operational challenges.
Common accommodations include:
- Flexible working hours
- Modified job duties
- Remote work options
- Religious observance accommodations
Every situation is unique, and employers should seek legal advice to assess requests properly.
Steps to Address Discrimination Under the Ontario Human Rights Code
If you experience discrimination, here’s what to do:
Document the Incident: Keep records of dates, details, and people involved.
File a Complaint with the Human Rights Tribunal of Ontario: They handle applications related to human rights violations.
Consult a Human Rights Lawyer: Legal advice helps you understand your rights and manage the process effectively.
How a Human Rights Lawyer Can Help
Whether you’re an employer or an individual, a human rights lawyer in Ontario can provide valuable assistance.
For Employers:
- Drafting inclusive policies
- Advising on accommodation requests
- Delivering training and education
- Responding to human rights complaints
For Employees:
- Explaining your rights under the Code
- Assisting with complaint preparation and filing
- Negotiating resolutions
- Representing you at the Human Rights Tribunal of Ontario
Conclusion
The Ontario Human Rights Code plays a critical role in promoting fairness across workplaces and communities. Whether you’re addressing discrimination or ensuring your organization remains compliant, knowing your rights and obligations is essential.
For personalized guidance, consult a human rights lawyer in Ontario. They can help you understand your responsibilities, protect your rights, and take action where necessary.
Contact Achkar Law
If you have experienced discrimination or need help with compliance, Achkar Law is here to assist. Our experienced human rights lawyers in Ontario will explain your legal options and help you move forward with confidence.
Phone Toll-free: 1-800-771-7882 | Email: [email protected]
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. ©
Workplace Law Topics
Employees: Human Rights, Workplace Harassment, Workplace Accommodations, Employment Disputes and Litigation
Employers: Employment Law, Employment and Labour Compliance, Workplace Investigations, Employment Policies