Workplace Discrimination & Harassment in Ontario
The Ontario Human Rights Code protects all workers from discrimination and harassment — regardless of immigration status. You have the right to a workplace free from discrimination.
Protected Grounds Under the Ontario Human Rights Code
The Ontario Human Rights Code prohibits discrimination and harassment in employment based on 17 protected grounds: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability, receipt of public assistance, and record of offences. Discrimination does not have to be intentional to be unlawful — if an employer's policy or practice has a disproportionate adverse effect on a group protected by the Code, that may constitute discrimination. As a newcomer or immigrant in Ontario, you may have additional grounds of vulnerability: discrimination based on accent, country of origin, or citizenship status are all prohibited.
The HRTO Process — Filing a Human Rights Complaint
The Human Rights Tribunal of Ontario (HRTO) is the body that hears discrimination and harassment complaints under the Human Rights Code. An application to the HRTO must generally be filed within one year of the last incident of discrimination. The HRTO process involves filing an Application, which your employer (Respondent) then has an opportunity to respond to. Many applications are resolved through a mediation process facilitated by the HRTO before a formal hearing is scheduled. If mediation is unsuccessful, the matter proceeds to a hearing before a tribunal adjudicator. Remedies available at the HRTO include financial compensation (for loss of income, injury to dignity, feelings and self-respect), reinstatement to employment, and orders to change workplace policies. Our Licensed Paralegal (Law Society of Ontario) can represent you before the Human Rights Tribunal of Ontario.
Harassment vs. Discrimination — Understanding the Difference
Discrimination involves being treated differently or adversely because of a protected ground — being passed over for promotion because of your religion, being paid less because of your gender, or being denied a job because of your disability. Harassment, on the other hand, involves a course of vexatious comment or conduct — unwelcome behaviour related to a protected ground that is known or ought reasonably to be known to be unwelcome. Both are prohibited under the Ontario Human Rights Code. Sexual harassment is specifically addressed under the Code and under the Occupational Health and Safety Act, which requires employers to have a workplace harassment policy and to investigate complaints. You do not need to have been terminated to file a Human Rights complaint — you can file while still employed if the discrimination or harassment is ongoing.
- Document incidents with dates, times, what was said or done, and any witnesses
- Raise the issue in writing with your employer's HR department (preserves the record)
- Keep copies of any relevant emails, performance reviews, or written communications
- Note the date of each incident — the HRTO generally requires filing within 1 year of the last incident
- Obtain a general assessment of your situation before filing