Human Rights
Discrimination and Harassment at Work
Discrimination or harassment at work is prohibited under the Ontario Human Rights Code or, for federally regulated employees, under the Canadian Human Rights Act.
Nevertheless, employees in Ontario still frequently face discrimination and/ or harassment on the basis of:
sex;
disability;
age;
family status;
sexual orientation;
race;
religion;
other prohibited grounds.
Guy Hunter’s Human Rights Case Experience includes:
assisting an injured worker on LTD (long term disability) at dismissal to get increased common law notice due to his injury/conditions and job prospects without having to deduct the LTD payment he had already received from his insurer during the notice period. (Contreras v. Canac 2010 ONSC 849 (CanLII));
helping someone with a long disciplinary record and panic attacks get reinstated in employment, based on his medical state and allegations of improper exercise of the employer’s duty to accommodate;
raising racial discrimination or other transgressions of the Ontario Human Rights Code as a separate reason for getting extra damages in employment cases;
helping a same sex couple who faced discrimination (albeit in housing, not employment);
judicially-reviewing the denial of a human rights claim by the Canadian Human Rights Tribunal in respect of discriminatory treatment of a person who was denied proper extension of EI coverage;
assisting an employer in responding to a claim of discrimination after they fired an employee shortly after learning of an employee’s new health problem, and
advising people psychologically affected by abuse at work on how to advance their claim(s).
HOW AND WHEN TO RAISE OR PROCEED WITH A HUMAN RIGHTS COMPLAINT
Some issues, such as sexual or racial harassment, will need to be investigated by an employer. Those issues can give rise to constructive dismissal and may cause psychological harm as well as potentially damage an employee’s professional reputation. In most cases, it is wise to consult a lawyer before bringing a complaint forward.
Breaches of the Ontario Human Rights Code by employers can give rise to applications to the Ontario Human Rights Tribunal or can be advanced as civil claims, together with other claims such as wrongful dismissal.
Often, these claims can also be raised as part of a settlement package, without the need for suing.
Get advice early before taking action; try to know your objective
Guy Hunter will discuss with you your goals. Whether it is an apology, justice, monetary compensation, changing the behaviour of the employer (or other employees), or a combination of these objectives. Guy Hunter can advise you on the best course of action considering your goals. For example, a court cannot order an employer to apologize or take sensitivity training, but the Human Rights Tribunal can.
Disability claims are frequent in workplaces and need to be raised by the employee in order to engage the employer’s legal duty to accommodate. However, there is a concern for privacy and professional reputations, which also requires weighing one’s short and long term objectives, or legal rights versus career objectives.
It often makes sense to raise these issues with an employment lawyer before launching a complaint in the workplace so some of the likely consequences of raising these issues are understood before the issue is raised. Once you raise an allegation of discrimination or harassment an employer usually has a duty to investigate the complaint. Some employees prefer to just settle these issues without an investigation, especially if they do not wish to return to the workplace. Racial and sexual harassment is almost never admitted to by the perpetrator. Employers also hate to admit it, too. Often however, you can settle the issue(s) without anyone admitting they discriminated.
Recently the Ontario Human Rights Tribunal (OHRT) has begun to make much more generous damage awards where the employer’s conduct was egregious, the person harassed was in a vulnerable or subordinate position and experienced profound humiliation, hurt feelings and loss of self respect.
Guy Hunter advises that you consult with him or another employment law or human rights lawyer before taking direct steps with your employer about these issues.
When every attempt is made to provide helpful information in this website, you may not rely on the information above as legal advice.