Human Rights Compliance
Employers, landlords, and service providers all must ensure that they do not discriminate against their employees, tenants, or customers. Discrimination occurs when a person is treated adversely based on a prohibited ground including the following:
Age
Ancestry, colour, race
Citizenship
Ethnic origin
Place of origin
Creed
Disability
Family status
Marital status (including single status)
Gender identity, gender expression
Receipt of public assistance (in housing only)
Record of offences (in employment only)
Sex (including pregnancy and breastfeeding)
Sexual orientation.
Businesses can promote an inclusive environment and comply with the Ontario Human Rights Code by having the right policies and employee training. For more complex issues, it may be prudent to seek legal advice on certain issues to ensure full compliance with the Human Rights Code.
Accommodation
Businesses may also have to accommodate individuals to the point of undue hardship. A common accommodation scenario is when an employee seeks a modified work schedule because of a physical or mental disability. Employers and employees must cooperate so that the employee is provided accommodation that fits their individual circumstances. Other common scenarios include acommodation for religious or family reasons. In all accommodation situations, employers and businesses must be aware of the interests and obligations of all parties involved.
Human Rights Litigation
Employees who think they have been discriminated against may file an application at the Ontario Human Rights Tribunal. This is an administrative tribunal that contains similar procedures as the courts. Businesses who have been named as a respondent to a Human Rights Application will usually require legal counsel to protect their interests.
Based in Toronto, Jason Wong is an employment lawyer who regularly represents employers, businesses, and service providers, regarding human rights issues. If your organization requires human rights assistance, you can reach Jason at 647-242-5961 or jason@wongemploymentlaw.com.