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Protected Grounds In Ontario
In Ontario, individuals are legally protected from discrimination in employment, housing, and services under the Ontario Human Rights Code. These protections are based on what are known as protected grounds — specific personal characteristics that cannot be used to treat someone unfairly. Whether you are an employee, employer, or service provider, understanding these protected grounds is critical to knowing your rights and your obligations.
Do you believe you have been discriminated against based on a protected ground?
Discrimination can be overt or subtle, intentional or unintentional. If you have been treated unfairly in the workplace because of a personal characteristic, you may have grounds for a human rights complaint. Get advice before the one-year filing deadline passes.
Call: 1-800-771-7882 Speak With a Human Rights LawyerWhat are protected grounds?
Protected grounds are the personal characteristics listed in the Ontario Human Rights Code that cannot be used as a basis for discrimination. The Code prohibits unequal treatment based on these grounds in key social areas including employment, housing, goods and services, contracts, and membership in trade or professional associations. Employers must ensure that hiring practices, workplace conduct, and disciplinary actions remain free of bias connected to any of these characteristics. Failure to do so can result in a complaint before the Human Rights Tribunal of Ontario.
The 17 protected grounds in Ontario
The Ontario Human Rights Code currently recognizes the following 17 protected grounds of discrimination.
Where protected grounds apply
The protections under the Ontario Human Rights Code apply across several key areas of public life. Employers and service providers must be particularly cautious not to impose policies that disproportionately affect individuals based on protected characteristics, even when those policies appear neutral on their face.
Examples of discrimination based on protected grounds
Refusing to hire based on religious attire
Declining to hire a qualified candidate because they wear religious clothing or headwear constitutes discrimination based on creed under the Code.
Scheduling that excludes caregivers
Requiring availability that makes it impossible for employees with caregiving responsibilities to comply may constitute discrimination based on family status.
Denying housing based on social assistance
Refusing to rent to someone receiving public assistance is prohibited under the Code in the context of housing.
Termination following disability disclosure
Terminating an employee after they disclose a mental health or physical disability may constitute discrimination based on disability and could also support a wrongful dismissal claim.
Have your rights under the Ontario Human Rights Code been violated?
Our human rights lawyers advise employees across Ontario on discrimination claims, accommodation disputes, and HRTO complaints. Most applications must be filed within one year of the last discriminatory act.
Speak With a Human Rights Lawyer Or call us: 1-800-771-7882Exceptions under the Ontario Human Rights Code
While the Code is broad in its protections, narrow exceptions apply in limited circumstances. Employers considering any of these exceptions should seek legal advice before acting, as misapplying an exception can itself give rise to a human rights complaint.
Frequently asked questions about protected grounds in Ontario
What are the protected grounds under the Ontario Human Rights Code?
The Ontario Human Rights Code recognizes 17 protected grounds: age, ancestry, colour, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status, gender identity, gender expression, receipt of public assistance (in housing), record of offences (in employment), sex, and sexual orientation. Intersectional discrimination, where two or more grounds overlap, is also recognized.
Does discrimination have to be intentional to be a violation of the Code?
No. The Ontario Human Rights Code focuses on the impact of conduct, not just the intent behind it. A policy or practice that appears neutral but has a disproportionate negative effect on individuals based on a protected ground can still constitute discrimination, even if the employer did not intend to discriminate.
Can my employer require me to do something that conflicts with my religion or disability?
Generally, no. Employers have a duty to accommodate employees based on protected grounds such as creed and disability up to the point of undue hardship. This may involve adjusting schedules, modifying duties, or making other workplace changes. A refusal to engage with an accommodation request may constitute a violation of the Code.
How long do I have to file a human rights complaint in Ontario?
Most applications to the Human Rights Tribunal of Ontario must be filed within one year of the last discriminatory act. Late applications may be accepted in limited circumstances but delay can significantly weaken a claim. Acting promptly and seeking legal advice early protects your ability to pursue a complaint.
What remedies are available if a protected ground is violated?
The Human Rights Tribunal of Ontario can order compensation for lost wages, damages for injury to dignity and feelings, reinstatement to employment, and changes to employer policies or practices. The amount awarded depends on the nature and severity of the discrimination and the impact on the complainant.
Speak with an Ontario human rights lawyer
If you believe you have been discriminated against based on a protected ground under the Ontario Human Rights Code, our team can help you assess your claim, understand your options, and advise you on next steps. We also assist with accommodation disputes and HRTO proceedings across Ontario. 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. ©