Ontario Human Rights Code Explained: Protected Grounds, Employment & Your Rights

The Ontario Human Rights Code is one of the most important laws protecting individuals from discrimination and harassment in Ontario. For employees, the Code protects against discrimination based on personal characteristics such as disability, age, sex, religion, and other protected grounds. For employers, it establishes legal obligations to maintain workplaces free from discrimination and harassment.

What is the Ontario Human Rights Code?

The Ontario Human Rights Code is provincial legislation designed to protect individuals from discrimination and harassment. In the workplace, it requires employers to ensure employment decisions are not based on protected personal characteristics. The law is interpreted broadly to promote fairness, equality, and inclusive workplaces across Ontario.

The Code establishes protected grounds for discrimination, employer obligations to prevent harassment, the duty to accommodate, and complaint procedures through the Human Rights Tribunal of Ontario. Because the legislation is remedial, tribunals often interpret it broadly to protect individuals.

What areas does the Ontario Human Rights Code cover?

What are the protected grounds under the Ontario Human Rights Code?

The Code prohibits discrimination based on specific protected grounds. If employment decisions are influenced by any of these factors, it may constitute discrimination under Ontario law.

Examples of workplace discrimination in Ontario

Discrimination under the Code can take many forms. Some examples of workplace discrimination include refusing to hire someone because of pregnancy or disability, terminating an employee after they request accommodation, harassment related to race, religion, or sexual orientation, denying promotions because of age or family status, and retaliating against an employee who raises a discrimination complaint.

In some cases, discrimination may occur alongside workplace harassment or other employment law disputes. Employees who experience discrimination may have the right to pursue a complaint through the Human Rights Tribunal of Ontario.

Does the Ontario Human Rights Code apply to federally regulated workplaces?

Not always. Employees working in federally regulated industries are governed by the Canadian Human Rights Act, not the Ontario Human Rights Code. Federally regulated industries include banks, airlines, telecommunications companies, and interprovincial transportation. Determining jurisdiction is important before filing a complaint, as the process and applicable law differ significantly.

What is the duty to accommodate?

Under the Code, employers must accommodate employees based on protected grounds such as disability or religion, up to the point of undue hardship. Undue hardship depends on factors such as cost and health and safety considerations. Employers who fail to properly accommodate employees may face human rights complaints.

For a detailed guide on how workplace accommodation works in Ontario, including what employers must do and what employees can request, see our full article on the topic. You can also read our detailed guide on undue hardship and the duty to accommodate to understand exactly where the employer's obligation ends. If your accommodation request involves a medical condition, see our guide on medical accommodation in Ontario.

What is harassment under the Ontario Human Rights Code?

Harassment occurs when unwanted conduct related to a protected ground creates a hostile or poisoned work environment. Examples include offensive comments about race or religion, repeated unwanted sexual comments or advances, bullying related to disability or gender identity, and workplace harassment linked to protected characteristics. Employers must investigate harassment complaints and maintain a safe workplace environment.

If you have experienced harassment and are considering filing a complaint internally, our guide on how to file an HR complaint in Ontario explains the process and how to protect your position.

How to file a human rights complaint in Ontario

What remedies are available for human rights violations?

If discrimination is proven, the Human Rights Tribunal may order several remedies. Compensation awards for injury to dignity can be significant depending on the circumstances.

Employer obligations under the Ontario Human Rights Code

Employers in Ontario must actively ensure their workplaces comply with human rights legislation. Employer responsibilities include preventing discrimination and harassment, investigating complaints promptly, providing reasonable accommodation, and maintaining inclusive workplace policies. Failure to comply may expose employers to legal claims, financial damages, and reputational harm.

Frequently asked questions about the Ontario Human Rights Code