Protected Grounds In Ontario
In Ontario, individuals are legally protected from discrimination in employment, housing, and services under the Ontario Human Rights Code (the 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 ensuring legal compliance and maintaining a respectful environment.
This article explains what protected grounds are, identifies those recognized in Ontario, and outlines what to do if your rights have been violated.
What Are Protected Grounds?
Protected grounds refer to the personal characteristics outlined 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 hiring practices, workplace conduct, and disciplinary actions remain free of bias. Failure to do so can result in a complaint before the Human Rights Tribunal of Ontario or a formal workplace investigation in Ontario.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Understanding and respecting protected grounds under Ontario’s Human Rights Code is essential, for employees seeking fairness and for employers aiming to avoid costly legal risks. At Achkar Law, we help employees enforce their rights and support employers in building compliant, inclusive workplaces.”
The 17 Protected Grounds in Ontario
The Code currently recognizes the following 17 protected grounds of discrimination:
- Age
- Ancestry, colour, race
- Citizenship
- Ethnic origin
- Place of origin
- Creed (e.g., religion or belief system)
- Disability (including mental, physical, and developmental conditions)
- Family status
- Marital status (including single status)
- Gender identity and gender expression
- Receipt of public assistance (in housing)
- Record of offences (in employment, for a provincial offence or pardoned federal offence)
- Sex (including pregnancy and breastfeeding)
- Sexual orientation
- Intersectional discrimination, where two or more grounds overlap
These grounds cover a broad spectrum of identities and experiences. Employers and service providers must understand how their policies or behaviours could indirectly violate the Code.
Where Protected Grounds Apply
The protection offered under the Ontario Human Rights Code applies in several key areas of daily life, including hiring and job interviews, pay and promotions, access to housing or rental accommodation, use of public services or facilities, and participation in educational institutions. Employers and service providers must be particularly cautious not to impose policies that disproportionately affect individuals based on protected characteristics, even unintentionally.
Examples of Discrimination Based on Protected Grounds
Discrimination can be overt or subtle and often appears in policies or practices that seem neutral but disadvantage certain groups.
Common examples include:
- Refusing to hire a qualified candidate because they wear religious attire
- Requiring full-time availability that excludes employees with caregiving responsibilities
- Denying housing to someone receiving social assistance
- Terminating an employee after disclosing a mental health disability
If you believe you’ve experienced such treatment, speaking with a human rights lawyer can help clarify your legal options and determine your next steps.
Exceptions Under the Human Rights Code
While the Code is broad in its protections, some narrow exceptions apply. These include:
- Bona fide occupational requirements: A policy or practice may be justified if it is essential to performing the job and cannot be modified without undue hardship.
- Special programs: Programs designed to assist disadvantaged groups are not considered discriminatory.
- Religious or cultural organizations: In limited situations, these organizations may give preference to individuals who share their religious beliefs.
Employers considering such exceptions should consult legal counsel to ensure their actions comply with the Code.
How an Employment Lawyer Can Help
Understanding the legal obligations surrounding human rights in Ontario is essential for individuals and organizations alike. At Achkar Law, our human rights lawyers assist clients in the following ways:
- Assessing whether discrimination occurred under the Ontario Human Rights Code
- Advising on accommodation policies and legal responsibilities
- Representing clients before the Human Rights Tribunal of Ontario
- Conducting or guiding workplace investigations in Ontario
- Helping employers design and implement anti-discrimination policies and training
Whether seeking accountability or aiming to prevent liability, legal guidance can help protect your rights and interests.
In Summary
The Ontario Human Rights Code protects individuals from discrimination based on 17 recognized protected grounds. Employers, landlords, and service providers have a legal duty to respect these rights and accommodate individuals to the point of undue hardship. Discrimination, even if unintentional, can lead to serious legal consequences. Consulting with an experienced discrimination lawyer ensures your rights are protected and your practices remain legally compliant.
Contact Achkar Law
If you have experienced discrimination or need assistance complying with the Ontario Human Rights Code, Achkar Law can help. Our team advises employees, employers, and organizations across Ontario.
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 Dispute and Litigation
Employers: Employment Law, Workplace Policies, Employment and Labour Compliance, Workplace Investigations