Freedom from Discrimination - Human Rights

Employees in Ontario are protected by the Ontario Human Rights Code. The Code prohibits employers from discriminating against employees on various protected grounds including:

• Age

• Ancestry, colour, race

• Citizenship

• Ethnic origin

• Place of origin

• Creed

• Disability

• Family status

• Marital status (including single status)

• Gender identity, gender expression

• Record of offences

• Sex (including pregnancy and breastfeeding)

• Sexual orientation.

The Code also protects individuals in areas outside of employment including housing, contracts, goods/services/facilities, and membership in unions, trade or professional associations.

Discrimination can occur in different situations including the hiring/interview process, performance management (such as performance improvement plans or PIPs), failure to accommodate, harassment, and termination of employment.

When discrimination occurs, employees may have a legal action against their employer at the courts or the Ontario Human Rights Tribunal. The remedy for discrimination is to put the employee in a position as if the discrimination never occurred. For example, when there is a discriminatory termination, an employee may be entitled to money for pain and suffering, their job back/reinstatement, and all lost wages from the day they were dismissed to when they next find employment. Lost wages awarded for discrimination may be much more than money that is usually awarded for severance.

For federally regulated employees, they are protected under the Canadian Human Rights Act.

Based in Toronto, employment lawyer Jason Wong has represented numerous individuals fight discrimination cases and work towards a fair workplace. Contact Jason at 647-242-5961 or jason@wongemploymentlaw.com if you have questions regarding discrimination or human rights.