ontario human rights code employment

The Ontario Human Rights Code (Code) is a provincial law that gives everybody equal rights and opportunities without discrimination, harassment and reprisal with respect to employment, trade, self-governing profession, services, good, contracts and facilities. These are laws made by the government of Canada and they apply throughout the country. Bd. Drug and alcohol dependencies, as well as perceived dependencies, may be considered a form of disability under the Code. [13] For more detailed information, please see the Commission’s Policy on drug and alcohol testing (2000) and Human Rights at Work (2008). If you believe you have been discriminated against because of your language or accent, you can make a human rights claim based on a number of grounds, such as ancestry, ethnic origin, place of origin and race. It also covers rate of pay, overtime, hours of work, holidays, benefits, shift work, discipline and performance evaluations. Section 23 of the Code talks about other issues in employment, such as job applications, medical examinations or inquiries, and interviews. If you ask your employer to meet these needs, they should be met unless your employer can show that it would prevent you from doing the essential duties of your job, or would cause undue hardship based on costs or health or safety risks. [8], In employment, you must be at least 18 years old to file a claim stating that you were discriminated against because of your age. Employment and Social Development Canada's Labour Program created a brochure, Pamphlet 1 – Summary Health and Safety, which contains general information on the Code, Part II. You might feel that your workplace is hostile or unwelcoming to you because of insulting or degrading comments or actions that have been made about you or others based on a Code ground. Also, if a union does not support an employer’s efforts to meet its obligations under the Code, a human rights application may be filed against the union. Religious needs can relate to dress, time for prayer and flexible hours or time off for special days. It also covers rate of pay, overtime, hours of work, holidays, benefits, shift work, discipline and performance evaluations.Â. If you have a question or concern about discrimination in the workplace, you are encouraged to bring this issue to the attention of your Client supervisor, your Creative Circle Recruiter or a member of the Creative Circle Human Resources team. The Human Rights Tribunal of Ontario deals with claims against these employers. In Ontario, the Human Rights Code (RSO 1990, c H.19) section 5 protects against discrimination in employment based on “record of offences” which is defined as “ (a) an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or (b) an offence in respect of any provincial enactment”. Most employers in Ontario must follow the Ontario Human Rights Code. For a more complete discussion on racism and racial discrimination, please see the Commission’s Policy and guidelines on racism and racial discrimination, (2005). The Human Rights Code is a statute in the Canadian province of Ontario that guarantees equality before the law and prohibits discrimination in specific social areas such as housing or employment. From: OHRC policy position on sexualized and gender-specific dress codes. You may be asked during an interview whether you are bondable, if that is a requirement for the job. Every person has the right to equal treatment in employment without discrimination based on Code grounds. In fact, an employer can terminate your employment at any time, for any reason, so long as it is not a discriminatory ground protected by the Ontario Human Rights Code (i.e., disability, pregnancy, age, gender, sexual discrimination, etc.). Employment agencies cannot discriminate. The Code enumerates certain basic freedoms in relation to services, goods, facilities, accommodation, and employment. The three rights mentioned are explained in this brochure. It establishes equal rights and opportunities, freedom from discrimination, and advances Ontario’s human rights system, which is composed of three parts: The Human Rights Tribunal The … Testing for alcohol and drug use is a form of medical examination. While not all people with drug and alcohol dependencies see themselves as having a disability, they are protected under the Code against discrimination in the workplace based on the ground of disability. Other provincial and federal legislation governs issues such as workplace health and safety, human rights and labour relations. Employees can raise concerns and make reports without fear of reprisal. You must have facts to show that an objective person would see the comments or conduct resulting in unequal or unfair terms and conditions. The Human Rights Code. Ontario's Human Rights Code, the first in Canada, was enacted in 1962. In Ontario, awards of damages for injury to dignity, feelings and self-respect are not limited to the Ontario Human Rights Tribunal (the "HRTO") however. In this case, a particularly egregious set of facts gave the Ontario Court of Appeal an opportunity to express its disapproval by awarding one of the highest amounts ever for of “injury to dignity, feelings, and self-respect” for the breach of the plaintiff’s rights to be free from discrimination under the Ontario Human Rights Code. You can also select how you want the information arranged (for example, by title or author). March 8, 2016 - The OHRC recognizes the severe impacts of sexual harassment on working women and trans people. Employees, independent contractors[7] and volunteers are covered. The United Nations’ Declaration of the Elimination of Violence Against Women specifically recognizes that sexual harassment is a form of violence against women. Is there anything I can do? The Canadian Human Rights Act applies to workplaces that fall within federal legislative authority.More… The Employment Standards Act is an Ontario law that sets out certain minimum rights to which employees are entitled in the workplace.More… The Labour Relations Act covers unionized workplaces. You have the right to employment that respects your sincerely held beliefs and practices. This ensures that the Ontario province is compliant with the legislative requirements under the employment standards Act, the accessibility to recruitment and selection for the Ontarians with disability under the Occupational Health & the safety Act. The Ontario Human Rights Commission, which is an arm’s length governmental body tasked with preventing discrimination through public policy, but is not a decision maker, stated on March 13, 2020 that the Human Rights Code ground of “disability” is in fact engaged in relation to COVID-19 because it carries “significant social stigma”. 2)(1997), 30 C.H.R.R. The right to “equal treatment with respect to employment” covers applying for a job, being recruited, training, transfers, promotions, terms of apprenticeship, dismissal and layoffs. [14] See Lombardi v. Watson Enterprises, (2012) HRTO 1675 (CanLII), [15] See the Ministry of Labour’s website for more information at www.labour.gov.on.ca/english/hs/topics/workplaceviolence.php, was adopted for a purpose or goal that is rationally connected to the function being performed, was adopted in good faith, in the belief that it is needed to fulfill the purpose or goal. The Code prohibits actions that discriminate against people based on a protected ground in a protected social area. 17, s. 6. R.S.O. September 18, 2015 - Dear Minister, The Ontario Human Rights Commission (OHRC) is pleased to make this submission to the Ministry of Labour’s Changing Workplaces Review. This page lists all the information available on our website about this topic. In Ontario, about three-quarters of all human rights claims come from the workplace. The Code states that every person has a right to equal treatment with respect to employment without discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. Employers cannot come to an agreement with a union or an employee that some or all of the Code does not apply to them. [9] Please see the Commission’s Policy on Discrimination Against Older Persons Because of Age, (2007). Ontario employers are governed by the Ontario Human Rights Code (the “Code”). 2019, c. 15, Sched. In employment, you must be at least 18 years old to file a claim stating that you were discriminated against because of your age. The Code states that every person has a right to equal treatment with respect to employment without discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. It can reduce employees’ morale, decrease productivity and contribute to physical and emotional effects such as anxiety, depression and posttraumatic stress disorder. Human Rights Code. [6] For more detailed information, see the OHRC’s publication, Human Rights at Work (2008). ... Employment rights. The right to refuse work for health and safety reasons In Ontario, employers can meet their duty to accommodate time off for religious holy days by searching for solutions that allow time off without adverse employment consequences, including a loss of pay. Employer does not … the Human Rights Legal Support Centre; the Ontario Human Rights Commission; Each agency of government is in place to prevent discrimination and to promote and advance human rights in Ontario. Personal Access Code (PAC) problems or EI Access Code (AC) problems; Acadia University v Acadia University Faculty Association, 2019 CanLII 47957. Does the Ontario Human Rights Code prevent any type of criminal record discrimination? Under the Act, Canadians are protected from discrimination when they are employed or receive services from: These kinds of dress codes reinforce stereotypical and sexist notions about how women should look and may violate Ontario’s Human Rights Code. In 2006, the Ontario Human Rights Code (the "Code") was changed and Ontario Courts were granted authority under s. 46.1 (1) of the Code to award damages for the infringement of Code rights. But some industries are covered by federal laws. To establish discrimination under Ontario’s Human Rights Code, a claimant must show that: they have a characteristic protected by the Code (e.g. Answer: YES. You have the right to be free from humiliating or annoying behaviour that is based on one or more Code grounds. The Act prohibits discrimination based upon physical or mental disability. This could be discrimination because of place of origin. 2020, c. 17 current statute October 1, 2020 – (e-Laws currency date) Supply Chain Management Act (Government, Broader Public Sector and Health Sector Entities), 2019, S.O. September 18, 2015 - The Ontario government is consulting on the changing nature of the modern workplace and considering how the Employment Standards Act and the Labour Relations Act could be amended to best protect workers, especially historically under-represented groups. The Occupational Health and Safety Act has regulations related to workplace violence and harassment. A person does not have to be a Canadian Citizen to be protected by the Code. June 2014 - Mental health issues and addictions are “disabilities” that are protected under the Code. When comments or conduct of this kind have an influence on others and how they are treated, this is known as a “poisoned environment.” A poisoned environment cannot, however, be based only on your personal views. Employment-related medical examinations or questions, as part of the job screening process, are prohibited. Check with your shop steward or representative. In employment, a person cannot be discriminated against in employment because of a “record of offences.” Employment decisions cannot be based on whether a person has been convicted and pardoned for an offence under a federal law, such as the Criminal Code, or convicted under a provincial law, such as the Highway Traffic Act. In Ontario, there is no protection for applicants for employment against differential treatment based on a conviction, unless the conviction is for (i) a provincial offence or, (ii) in the event of a criminal offence, a pardon has been obtained. An employer cannot use language or accent as a way to screen out racialized people or people of particular ethnic origins where language fluency is not essential to the job. However, employers can ask whether you have been convicted of a federal offence for which you have not received a pardon. The Human Rights Code or the Code is the law protecting all people in Ontario from discrimination and harassment in the areas of employment; housing; goods, services and facilities; contracts; and, membership in trade and vocational associations. If you think you are being sexually harassed, start keeping a written record of events... Tuesday, July 7, 2015 - The Ontario Human Rights Commission (OHRC) and the Human Resources Professionals Association (HRPA) invite you to a free webinar on preventing sexual harassment at work for human resources professionals, employers, unions, professional associations and employees.Â, August 10, 2015 - Summary: HRTO Decision in Swain v. MBM Intellectual Property Law LLP. See the Ministry of Labour’s web site. Preamble. The Ontario Human Rights Commission (OHRC) makes this submission in accordance with its mandate to promote and advance human rights under Ontario’s Human Rights Code. You may have religious or creed-based needs such as prayer breaks, religious or creed-based days off, and dress requirements. Harassment that is not covered under Ontario’s Human Rights Code My boss harasses me all the time and is very rude, but I don’t think it’s related to a human rights issue. Employers and employees are not permitted to “contract out” of the provisions of the Code. This is specifically prohibited in section 23 (4) of the Code. However, being fluent in English is not essential to the job. Harassment requires a “course of conduct,” which means that a pattern of behaviour or more than one incident is usually needed. It doesn’t matter what type of business or employment it is – harassing behaviour based on Code grounds in any employment setting is prohibited under the Code. Inq.). Human rights applications can be filed against employers – and also against contractors, unions or boards of directors. Employment is used in a very general way in the Code. If you are a member of a union, you may have the right to file a grievance under your collective agreement. [11] Shapiro v. Peel (Regional Municipality)(No. Employers do not avoid their obligations to employees under theHuman Rights Code by offering "generous" severance packages upon termination. Minimum standards for height and weight sometimes unintentionally screen out certain job applicants, such as women and racialized persons. However, forcing an employee to use vacation time instead of exploring other options would likely be found discriminatory. When you apply for a job, you cannot be asked if you have any kind of criminal record. Employers have a responsibility to accommodate religious needs in the workplace. [7] See Sutton v. Jarvis Ryan Associates (2010]) HRTO 2421 (CanLII) and Ketola v. Value Propane, (2002) HRTO 46510 (CanLII). Employers and unions have a joint duty to make sure that workplaces are free of discrimination and harassment. Related Ontario laws include the Occupational Health and Safety Act, the Workplace Safety and Insurance Act, 1997, the Labour Relations Act, 1995, the Pay Equity Act, and the Human Rights Code. 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