Employment
Human Rights Code Violations
It is a sad reality that human rights code violations still occur in employment. Discrimination based on age, gender, race, religion, and disability are just some of the ways that employees are unjustly treated. It is important for employers to educate themselves on these issues and take steps to prevent them from happening.
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Discrimination in the Work Place
Discrimination in the workplace is an ongoing issue in Ontario, and the Human Rights Code (HRC) exists to protect people from this kind of unjust treatment.
Discrimination in the workplace can take many forms, from the obvious to the more subtle. Examples of discrimination include making comments or jokes about someone’s race, religion, gender, or age. It can also include not hiring someone because of their gender, or denying someone a promotion due to their age.
In Ontario, the Human Rights Code protects people from discrimination in the workplace. This law makes it illegal for employers to discriminate against employees on the basis of their race, religion, gender, age, or any other characteristics. The Human Rights Code also prohibits employers from denying someone a job or promotion due to their race, religion, gender, age, or any other characteristic.
Employers are required to treat all employees fairly and equitably, regardless of their race, religion, gender, age, or any other characteristic. This means that employers cannot make decisions based on prejudice or stereotypes. If an employer is found to be discriminating against an employee, they can face consequences, such as fines or even jail time.
It is important to remember that the Human Rights Code exists to protect people from discrimination in the workplace. This law ensures that everyone is treated fairly and equitably, regardless of their race, religion, gender, age, or any other characteristic. It is up to employers to ensure that they are following the law and are not discriminating against any of their employees.
It's Time to Take Action
It can be intimidating to feel discriminated against in the workforce. Whether it’s because of your gender, race, religion, or any other protected class, it’s important to know that you have legal rights and remedies. If you feel that you have been discriminated against at work, it is in your best interest to contact our experienced team today.
Our employment paralegal can help you understand your rights and the legal remedies available to you. They can provide advice on how to proceed, draft legal documents such as complaints of discrimination, and represent you in court.
No matter the discrimination you are facing, we can help you understand the legal process and the potential risks and rewards. Our team can advise you on the best strategies for pursuing a claim and give you an estimate of the value of your case.
In addition to filing a discrimination claim, we can help you identify other potential remedies, such as damages, back pay, or reinstatement. Our paralegal can also help you explore other options.
It is important to note that there are strict time limits associated with filing a discrimination claim. Our experienced employment paralegal can help you understand the deadlines and ensure that your claim is filed in a timely manner.
At the end of the day, our team at Cordaie Paralegal Services can be an invaluable resource when you are facing discrimination in the workforce. We can provide advice on your case, help you understand your rights, and guide you through the legal process. For a free consultation call us at 844-4-WIN-4-ME.
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Discrimination in the Work Place
Some information that you should know about discrimination in the workplace.
Discrimination Explained
In the Human Rights Code of Ontario, everyone is entitled to equality and non-discrimination in:
- Contracts
- Employment
- Housing
- Membership
- Services, goods and facilities
Human rights laws prohibit employers, landlords, union representatives, and service providers from discriminating. Accordingly, in most cases, you cannot be treated differently because of your personal differences listed in the Human Rights Code.
These include your:
- Age
- Citizenship or country you are from
- Gender expression
- Gender identity
- Marital status, for example, married, divorced, single, or living common-law
- Physical or mental disability, including an addiction
- Race, colour, or ethnic background
- Record of offences (employment only, must have been pardoned)
- Religion
- Sex
- Sexual orientation
Or because you:
- Are pregnant
- Have children
- Are caring for a relative
Employers, landlords, union representatives, and service providers must accommodate you unless they prove undue hardship.
Types of Discrimination
Direct Discrimination
There are some cases of discrimination that are very obvious. There is a term used sometimes to describe this type of discrimination as direct discrimination.
Here are some examples:
- A company won't hire women who wish to start a family. Sexist and familial discrimination is taking place here.
- An apartment won't be rented to someone from a different ethnicity if the landlord prefers to rent to someone from their own ethnicity. Ethnic discrimination is taking place here.
Indirect Discrimination
Discrimination is committed by an organization or individual on behalf of another. Upon hiring a property manager, a landlord instructs them not to rent to people born outside of Canada. Using the property manager, the landlord discriminates against the tenants in this case.
Constructive Discrimination
The same rule or practice may affect one group differently and lead to unequal treatment. It's called constructive discrimination.
Some examples:
- An entire building can only be entered and exited via stairs. People who use wheelchairs can be discriminated against when a ramp is needed in place of stairs.
- The workplace has a dress code or uniform requirement for hats. It is possible to discriminate against people who wear hijabs, turbans, or other religious head coverings.
What is Not Covered in the Human Rights Code
The Code does not apply to members of the public.
As an example, if you are insulted by a stranger on the street because it did not happen in a specific social area like your workplace or restaurant, it does not apply. Discrimination can and should be prevented and addressed by an employer, landlord, or service provider.
To be discriminated against, the treatment must be related to a protected personal characteristic.
The Code does not apply if:
- A personality conflict with your manager resulted in you being treated differently in your job
- Professional judgment was used to make a medical treatment decision
Exceptions
There are some situations where some or all of the Code does not apply.
Some examples:
- Some industries are covered by federal laws made by the Government of Canada. These laws apply throughout the country. These industries include banks, airlines, some trucking businesses, and broadcasting. Employers in these industries must follow the Canadian Human Rights Code.
- Some companies have a special hiring program to try to make their workforce more diverse by including more people from a variety of racial communities.
- Some housing providers have facilities designed to help people protected by the Human Rights Code (for example, people with certain kinds of disabilities).
- Some housing providers have facilities that are just for seniors.
Request Accommodation
You have a right to be accommodated by your employer, landlord, union, and service provider. Changing things for you could mean treating you equally. According to the Human Rights Code, barriers to equality are those that prevent people from being treated equally because of their differences. This is known as accommodation in the legal sense.
Let Them Know What You Need
Make sure your employer, landlord, union, or service provider knows what you need. You must show that it is a sincerely held belief that is of religious significance to you if you have a need related to your religion.
In the case of childcare responsibilities, you might have to explain your situation. To ensure that childcare doesn't interfere with your work, you should make reasonable efforts. If you hired a babysitter or found a daycare closer to your workplace, you might need to share information about the options you researched.
You are not required to say what your disability or diagnosis is, but you may have to say that you have one and how it affects you.
Provide Options
Provide different options to your employer, landlord, union, or service provider. Accommodations are different for different people.
Some examples:
- Flexible work hours or break times to accommodate childcare needs
- Participate in meetings with a sign language interpreter or real-time captioning if you are deaf or hard of hearing
- Workplace restrooms or condominium common areas should be accessible
- During prayer times, allow breaks
- Rescheduled tests, interviews, and meetings to avoid conflict with religious holidays
To find a solution that works for you and does not cause your employer, landlord, union, or service provider undue hardship, you must cooperate with them. There might be a difference between what you asked for and what you get.
There is a possibility that your employer, landlord, union, or service provider cannot accommodate you in the way you requested. In this case, they can show that the accommodation would cause them undue hardship.
Accommodation Denied? Find Out Why
Employers, landlords, unions, or service providers may not be required to accommodate you if they can prove that doing so would cause them undue hardship.
Consider the following:
- The cost
- Funding from outside sources
- Concerns about health and safety
There might be undue hardship if the only solution available is too expensive or poses a serious risk to health or safety. Service providers, employers, landlords, unions, and landlords cannot simply claim that accommodations would create undue hardships. In order to demonstrate that accommodation is too expensive, insufficient funds, or that health and safety concerns exist, they must provide evidence.
The Cost
Depending on the size of the organization, the accommodation cost might be an undue hardship. Small employers may have undue hardships if a solution that is good for a big employer is undue hardship for them.
Important factors include:
- Is it possible to recover the cost in the normal course of business?
- Is it possible for other parts of the business to share the costs?
- What is the possibility of phasing in the cost?
- Are there any reserves or extra funds available?
Employers, landlords, unions, and service providers that claim the accommodation is too expensive must look for grants, subsidies, or loans from government and non-government sources.
Health & Safety
Important factors include:
- Do other people also face the same risk as the employee?
- Is it possible that the accommodation could cause serious harm to anyone, and how likely is that to happen?
- Is the accommodation compliant with occupational health and safety regulations?
Not Considered
Some factors that are not relevant:
- Employee, tenant, or service user negative responses
- Preferences of customers or third parties
- Collective bargaining agreements and contracts
- Inconvenience to business (unless it would constitute undue hardship due to other factors)
Job Applications: Information Employers Can Ask
According to the law, employers can ask you questions about your qualifications and abilities. An employer can ask for your driver's license if you are applying for a delivery job. Employers can also ask you if you have the experience that will assist you in doing the job that you are applying for.
What Employers Should Not Ask
The employer cannot discriminate against you for reasons that violate your human rights. In most cases, employers cannot ask questions such as:
- Are you planning to have children or do you already have children?
- Do you have a spouse?
- What is your age?
- What is your place of birth?
- Which ethnicity do you belong to?
- Are you disabled?
It is not necessary to answer a question an employer shouldn't ask. You might not get the job if you don't answer. You might be able to make a discrimination claim if you don't get the job.
Asking About Experience in Canada
You shouldn't be asked if you have "Canadian experience" unless your employer can prove that you need it.
Employers often find it difficult to prove that they require Canadian work experience for most jobs.
You cannot be denied employment because you don't have experience working in Canada. There may be grounds for claiming human rights if this happens to you. However, an employer can ask you if you're legally allowed to work in Canada.
Asking About Criminal Records
Criminal record inquiries are regulated by law. Employers can ask if you have been convicted of a crime that has not been suspended from your record. The term pardon is used to refer to a record suspension. Employers can't ask about a criminal record that you've been convicted of if you get a record suspension for it. Checking your police record might be required by an employer.
When you apply for a job that involves working with children, seniors, or others who may be vulnerable, the employer will likely ask for a "vulnerable sector check".
Minimum Age for Employment
The minimum age to work in most workplaces is 14. However, it depends on the job.
You must, for example, be:
- A 14-year-old can work in a restaurant or a store
- A 15-year-old can work in a restaurant's kitchen
- A construction project requires a person of 16 years of age
- Selling or serving alcohol requires you to be 18 years old (drinking alcohol requires you to be 19 years old).
- Under 18 and not yet graduated from high school, you must be enrolled in school. As a result, you are not allowed to work during school hours.
Over the age of 18:
- Age discrimination is prohibited by human rights laws if you are 18 or older.
- It may be appropriate for you to file a human rights complaint if this happens. Employers cannot refuse to hire you if you are 18 or older, for example.
- However, an employer can discriminate about benefit plans if you are 65 or older. Your workplace may not offer you the same health benefits as younger workers.
This is my first job in Canada. What do I need to work?
Social Insurance Number
You will have a Social Insurance Number (SIN) starting with nine if you are not a citizen or permanent resident of Canada. Your SIN will tell an employer that you:
- Don't have the right to remain in Canada permanently
- You might need a work permit from Immigration, Refugees and Citizenship Canada
Work Permits
You may also need a work permit from Immigration, Refugees and Citizenship Canada if you're not a Canadian citizen or permanent resident. If you want to work in Canada, an employer may ask to see your work permit. You can check whether you need a work permit by using a tool provided by Immigration, Refugees and Citizenship Canada. An international student enrolled in a full-time program might not require a work permit.
- Make sure your documents are safe
- Passports, immigration documents, and other personal documents cannot be kept by your employer. There are times, however, when employers want to do this.
- Get legal assistance if your employer keeps your documents or takes them and won't return them.
- Getting legal advice about your status in Canada might be necessary if you are not a Canadian citizen or permanent resident.
Police Records: Information Employers Can Ask
Asking About a Criminal Record
During an interview, an employer can ask if you have been convicted of a crime for which no record suspension has been issued. The suspension of a record was once called a pardon. If you have a criminal record, an employer may decide not to hire you.
In most cases, if you get a record suspension for a crime that you've been convicted of:
- It is illegal for an employer to inquire about that crime
- It is true that you do not have a criminal record
It is not a crime to break a provincial law. You can't be asked by an employer if you have been convicted of breaking provincial law in most cases. Speeding and careless driving, for example, are governed by the Ontario Highway Traffic Act. The offences are referred to as provincial offences. A conviction for a provincial offence does not affect your criminal record.
Exceptions
Employers can refuse to hire you for some jobs for the following reasons:
- An offence under provincial law
- An offence that resulted in a record suspension
Employers are allowed to do this if:
- This is reasonable.
- It is essential
- Due to the job's key duties, it makes sense
An employer might believe that hiring you could jeopardize the safety of others. A driving conviction may prevent you from getting a job as a driver.
Inquiring About a Youth Record
Most employers are not allowed to see a youth record, except for some government agencies. It shouldn't be discussed.
Youth records are subject to special rules regarding who can see them. Therefore, sharing information about your open youth record is illegal.
Checking Your Police Record
You may be asked to get a police record check by your employer. For the check to be conducted, your consent must be in writing.
There are three types of police record checks:
- Criminal record
- Criminal record and judicial matters
- Checking for vulnerable sectors
The law specifies what can be included in each record check. For most employers and jobs, record checks are required.
Information That Cannot be Included
If the rules apply, some information about contacts with the police cannot be included in a record check.
A record check cannot include information about you, for example:
- Being stopped by the police and questioned
- Not being charged with a crime after being arrested
- Being in contact with the police because of a mental health crisis
- Getting in touch with the police to report a crime
Not Hired: Employer Discriminated Against You
An employer who discriminates against you in a way that violates Ontario's human rights laws may be liable for your damages. This is done through the Human Rights Tribunal of Ontario. It is possible for the Tribunal to order the employer to pay you money or even offer you a job.
Discrimination & Human Rights Laws
Employers aren't allowed to discriminate for reasons that go against human rights laws.
An employer cannot, in most cases, refuse to hire you because:
- No matter what your race, colour, ancestry, ethnicity, citizenship, or place of birth is
- The religious beliefs you hold
- Physical or mental disabilities, including addictions
- Being pregnant, planning to become pregnant, or having children
- Your marital status, such as married, divorced, single, or living in a common-law relationship
- Gender or sex
- Sexual orientation, gender identity, or gender expression
- If you are at least 18 years old, please state your age
- If you have a pardon or record suspension, your criminal record has been expunged, meaning you have no criminal record
Some employers say they have rules that apply to everyone and they won't hire you if you don't follow them. The employer may be discriminating against you if you cannot follow a rule for a reason that violates your rights.
An employer may have a dress code or rule about what people should wear to work. Everyone might be affected by this rule. If you wear something for religious reasons, your employer might allow you to dress differently.
Inquiring About Canadian Experience
Employers shouldn't ask if you have "Canadian experience" unless they can show you need it to do the job.
You can be asked if you are allowed to work in Canada by an employer. It is difficult for an employer to prove that work experience in Canada is required for most jobs. A human rights claim may be available to you if an employer refuses to hire you because you don't have experience working in Canada.
Employing People from Specific Groups
Some job postings say that the employer is hiring people from a specific group. Employers are allowed to do this for specific reasons under the law. It might be to help groups that are often discriminated against or to hire someone from that group if the organization works with that group.
Examples include:
- Companies might have special hiring programs to include more people from diverse racial backgrounds in their workforce.
- It may be permissible for an organization that serves a specific group, such as young people, to hire younger workers to do community outreach.
Frequently Asked Questions
Here are answers to some common questions.