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How A Human Rights Lawyer Can Help Unionized Employees
Unionized employees often assume that all workplace disputes must go through their union. While unions play an important role in protecting workers, union representation does not eliminate individual human rights protections. In Ontario, unionized employees are still protected under the Ontario Human Rights Code, which prohibits discrimination and harassment in the workplace regardless of whether a collective agreement is in place.
Unionized and facing discrimination or harassment?
Relying on the grievance process alone may not fully protect your rights. Even in a unionized workplace, you may have the right to pursue a human rights claim independently. Get legal advice before deciding how to proceed.
Call: 1-800-771-7882 Speak to a Human Rights LawyerWhat rights do unionized employees have under the Ontario Human Rights Code?
All workers in Ontario, including unionized employees, are protected under the Ontario Human Rights Code. Being part of a union does not limit these rights. The Code prohibits discrimination and harassment based on protected grounds including disability, family status, race or ethnicity, religion or creed, sex and gender identity, pregnancy, sexual orientation, and age.
However, unionized employees may have different procedures for enforcing their rights depending on their collective agreement and the nature of the issue. Understanding which process applies to your situation is critical before taking action.
Two paths: grievance process vs. HRTO complaint
Union grievance process
- Typically required when the issue arises under the collective agreement
- Involves reporting internally, contacting your union rep, and filing a formal grievance
- Can proceed to arbitration if not resolved
- Represents the union's interests, not necessarily yours individually
HRTO complaint (independent)
- Available when the union fails to represent you fairly
- Available when the union itself is responsible for discrimination
- May be available where the issue falls outside the collective agreement
- Represents your individual human rights interests directly
When can a unionized employee file an HRTO complaint independently?
When the union fails to represent you fairly
Unions have a duty of fair representation, meaning they must act honestly and without discrimination when handling grievances. If a union refuses to pursue a legitimate discrimination claim or handles it improperly, you may be able to bring a human rights complaint independently without going through the union process.
When the union itself is responsible for discrimination
In some cases, discrimination may involve the union rather than the employer. This includes discriminatory union decision-making, harassment by union representatives, or failure to accommodate a disability in union processes. In these situations, a complaint may be filed directly with the Human Rights Tribunal of Ontario against the union.
Not sure whether to go through your union or file an HRTO complaint?
Choosing the wrong forum can affect your outcome. Our human rights lawyers can assess your situation and advise you on the right path before you take action.
Get Independent Legal Advice Or call us: 1-800-771-7882Can you file both a grievance and a human rights complaint?
Sometimes, but not always. If a grievance and a human rights complaint involve the same issue and the same facts, the Human Rights Tribunal may defer to the arbitration process. However, if the issues are different or the grievance process has failed you, both may be available. Determining the correct forum is complex, which is why many unionized employees seek independent legal advice before filing anything.
When independent legal advice is particularly important
Human rights issues that commonly affect unionized employees
Disability accommodation disputes
Where the employer or union fails to properly accommodate a disability under the Ontario Human Rights Code.
Pregnancy discrimination
Discriminatory treatment connected to pregnancy, parental leave, or return to work after leave.
Religious accommodation conflicts
Where scheduling or workplace rules conflict with religious observance and accommodation is denied.
Workplace harassment
Harassment based on a protected ground that is not properly addressed through the grievance process.
Retaliation for raising complaints
Adverse treatment following a discrimination complaint, whether by the employer or the union.
Frequently asked questions about human rights claims for unionized employees
Can a unionized employee hire their own human rights lawyer?
Yes. Unionized employees can seek independent legal advice at any time, particularly when the union refuses to pursue a grievance, when discrimination claims fall outside the collective agreement, or when the union's interests conflict with the individual member's interests. An independent lawyer represents you, not the union.
Can a union member pursue a claim against their employer for discrimination?
Yes. Unionized employees retain their individual rights under the Ontario Human Rights Code. Depending on the circumstances, a discrimination claim may proceed through grievance arbitration or directly through the Human Rights Tribunal of Ontario. Legal advice can help determine which forum is appropriate for your specific situation.
What if my union refuses to help me with a discrimination complaint?
If your union refuses to pursue a legitimate discrimination claim, it may have breached its duty of fair representation. In those circumstances, you may be able to file a human rights complaint directly with the Human Rights Tribunal of Ontario without going through the union. Getting legal advice promptly is important as timelines apply.
Can unionized employees file complaints with the Human Rights Tribunal of Ontario?
Yes, in certain circumstances. Recent legal decisions have confirmed that unionized employees are not categorically barred from filing HRTO complaints. Whether the HRTO or grievance arbitration is the appropriate forum depends on the nature of the issue, how the collective agreement applies, and whether the union has properly fulfilled its duty of fair representation.
Does being in a union affect my human rights protections?
No. The Ontario Human Rights Code applies equally to unionized and non-unionized employees. Union membership does not reduce or eliminate your individual human rights protections. What it does affect is the procedural path for enforcing those rights, which is why understanding when each option applies matters so much.
Speak with an Ontario human rights lawyer
If you are a unionized employee facing discrimination, harassment, or a situation where your union is not acting in your best interest, our team can help you understand your rights and the options available to you. Contact us for a confidential consultation.
Call us at 1-800-771-7882 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. ©