Human Rights & Discrimination

Human Rights & Discrimination Lawyers in Ontario

In Ontario, the majority of workplaces are governed by the Ontario Human Rights Code (OHRC) (unless federally regulated, where the Canadian Human Rights Act (CHRA) applies). All employees have the right to be free from discrimination under these Acts.

About Human Rights & Discrimination claims

Both the OHRC and CHRA make it illegal for an employer to discriminate, refuse to hire or terminate an employee on the basis of one of the prohibited grounds of discrimination. These grounds include, but are not limited to, race, ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status or disability (mental or physical).

 

Under both Acts, an employer has what is known as the “duty to accommodate” an employee who has a disability of any kind/level of severity, and requires some assistance or modifications at work.

What should I do if I believe my employer is discriminating against me?

If you feel you have experienced a human rights violation or you have experienced discrimination, you should contact a lawyer to find out what legal remedies are available to you (i.e. compensation). A lawyer can explain what your legal rights are and about any limitation periods that might apply. A lawyer can represent you at a hearing and/or in front of a tribunal.


Our firm has represented clients who have experienced human rights violations and discrimination in the workplace. If you have experienced human rights violations and discrimination in the workplace please do not hesitate to contact our office for a free initial consultation.


Answers to commonly asked questions

  • What is workplace discrimination?

    According to the Ontario Human Rights Code (OHRC), an employer cannot discriminate against you for reasons such as your age, race, ancestry, place of origin, ethnic origin, citizenship, religion, family status or marital status, sex (including pregnancy), sexual orientation, gender expression, gender identity or a disability (mental or physical).


    The OHRC refers to these as “protected grounds”.


    If you believe you are experiencing discrimination at work, you should keep a written record of what happened and when. If discrimination is ongoing, keeping a detailed record will help demonstrate that there has been a pattern of discrimination.

  • Can an employment lawyer represent me at a Human Rights Tribunal hearing?

    Yes. You can hire a lawyer to represent you before the Human Rights Tribunal.


    During a hearing, you would be asked to present your facts and legal arguments. Your lawyer will assist you in preparing for the hearing, and in making sure all the necessary timelines are met and documents are provided.


    Our lawyers have experience representing clients who have filed human rights complaints and have represented clients before the Human Rights Tribunal of Ontario.

  • Will my employer find out that I filed a complaint?

    Yes. The HRTO will send a copy of the application to every person listed in the complaint as soon as its accepted for processing. All witnesses will be kept private, but they will know that you have filed a complaint against them.

  • Will other people know that I have filed a human rights application?

    All decisions made by the HRTO are public except in special circumstances. Hearings are open to the public, and the tribunal’s decisions are available through legal reposting services. The only time this isn’t the case is with a minor (under the age of 18). In this case, the minor’s name will be replaced by his/her initials.

  • How long do I have to file a human rights complaint?

    You have one year from the date of the alleged discrimination to file an application to the HRTO. If you experienced discrimination more than once, you need to file the application within one year of the most recent event.


    There are instances where the HRTO will hear a late application if it is satisfied that the delay was reasonable (occurred in good faith) and will not cause prejudice to the other parties.

  • Do I make a claim to the OHRC or the CHRA?

    The Ontario Human Rights Commission (OHRC) is responsible for investigating discrimination and harassment in the private sector, while the Canadian Human Rights Commission (CHRC) does so in the federal sector. 


    Some examples of federal organizations are:

    • Bus and railway companies that travel across the country
    • Airlines
    • Federal government departments or agencies
    • Telephone companies
    • Chartered banks
    • Television and radio stations

Latest on Human Rights & Discrimination claims

woman putting her hand out in front of her

Sexual Harassment In The Workplace

By Dev Ops • January 21, 2023
This post outlines what sexual harassment is, what it looks like and signs that you are being sexually harassed. It also provides details on how to report it in Ontario, what a lawyer can do to help and more.

What to Expect When You're Expecting Part 2 – The Checklist

By Dev Ops • July 7, 2020
Part 2 of our series "What to Expect When You're Expecting" discusses what expecting parents need to get in order before taking time off of work.
expecting parents

What to Expect When You’re Expecting (to Take a Leave of Absence from Work) Part 1 – Job Protected Unpaid Time off Work

By Dev Ops • July 7, 2020
The first installment in our series for parents "What to Expect When You're Expecting" discusses Job Protected Unpaid Time off in Ontario.
Share by: