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How A Human Rights Lawyer Can Help Unionized Employees
Unionized employees often assume that all workplace disputes, especially discrimination or harassment, must go through the union grievance process.
While unions play a central role in resolving workplace issues, many workers still wonder:
- Can I file a human rights complaint on my own?
- Does my union have to support my human rights claim?
- When do I need a human rights lawyer instead of relying solely on my union?
This article explains how human rights complaints work for unionized employees in Ontario, when you can take action outside the union, and how a human rights lawyer can help protect your rights.
What Rights Do Unionized Employees Have Under Ontario’s Human Rights Code?
All Ontario workers, including unionized employees, are protected under the Ontario Human Rights Code, which prohibits discrimination and harassment based on protected grounds such as:
- Disability
- Family status
- Race, ethnicity, or creed
- Sex, sexual harassment, and gender identity
- Age
- Pregnancy
- Sexual orientation
- And more
Being part of a union does not limit or reduce these rights.
However, it can change how you pursue remedies when your rights are violated.
🔎 Key Fact
Unionized employees can make human rights complaints but how and where depends on the issue, the union’s actions, and the collective agreement.
Do Unionized Employees Have to Go Through the Union First?
In most cases, yes.
Human rights issues that arise from workplace conditions, such as discrimination in scheduling, discipline, workload, or termination, are typically addressed through a grievance under the collective agreement.
Arbitrators in Ontario have the authority to decide human rights issues.
This means many workplace-related human rights claims must go through arbitration.
Examples that normally go through the union grievance process:
- Discriminatory discipline or termination
- Failure to accommodate disability
- Unequal treatment based on race or gender
- Harassment by coworkers or management
If the matter relates directly to your employment terms, the usual route is:
- Report it internally (if safe to do so)
- Contact your union
- File a grievance
- Arbitration
When Can a Unionized Employee File a Human Rights Complaint Independently?
You may file directly with the Human Rights Tribunal of Ontario (HRTO) if:
1. The union refuses to act or does not represent you fairly
Unions have a legal duty of fair representation (DFR). They cannot ignore, dismiss, or mishandle legitimate human rights complaints.
You may file an HRTO application if the union’s failure to act involves discrimination under the Code.
2. The violation is not tied to the collective agreement
Examples include:
- Harassment or discrimination by the union itself
- Union decision-making that is discriminatory (e.g., refusing membership based on race or disability)
- Union representatives engaging in Code-based harassment
- Union failing to accommodate you in union processes
These claims can go directly to the HRTO.
🛑Important Distinction
- A DFR complaint is NOT the same as a human rights complaint.
- A DFR complaint goes to the Ontario Labour Relations Board (OLRB).
- A human rights complaint goes to the HRTO.
- Sometimes, both are appropriate.
Can You Have Both a Grievance and a Human Rights Application?
Not usually. The HRTO generally dismisses complaints that could be properly dealt with through arbitration.
However, exceptions exist, especially where:
- The union’s representation is discriminatory
- Arbitration cannot offer full human rights remedies
- The employer’s conduct is outside the scope of the agreement
A human rights lawyer can help determine the correct path.
How a Human Rights Lawyer Helps Unionized Employees
A lawyer can be especially helpful when:
- Your union won’t support your grievance
- We assess whether this is a breach of the duty of fair representation.
- You are experiencing discrimination and don’t know where to turn
- A lawyer can review your options under the HRTO, OLRB, and arbitration.
- You need help documenting and proving discrimination
- Human rights cases depend on strong evidence, clear timelines, and legal framing.
- You want an independent advocate, not tied to the union
- Your lawyer represents your interests alone.
- You need stronger remedies than a grievance may offer
This includes financial compensation for injury to dignity, reinstatement, or policy changes.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Being part of a union does not eliminate your individual human rights, and many unionized employees are surprised when those rights are challenged at work. Before relying on internal processes alone, speaking with an experienced human rights lawyer can help you understand your options and protect your interests.”
In Summary
Unionized employees in Ontario do have the right to file human rights complaints, but the correct forum depends on:
- The nature of the discrimination
- Whether the issue is covered by the collective agreement
- How the union responds to your grievance
- Whether union actions themselves are discriminatory
Human rights law for unionized workers is complex. Getting legal advice early avoids missteps and protects your rights.
Need Help as a Unionized Employee
Speak to a Human Rights Lawyer
If you are facing discrimination, harassment, or a lack of support from your union, you do not need to face this alone.
Achkar Law represents unionized employees dealing with:
- Human rights discrimination
- Failure to accommodate
- Harassment and poisoned work environments
- Union misconduct
- HRTO applications
Your rights matter, and we can help protect them.
Contact Achkar Law today for a confidential consultation.
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. ©