Employment
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.
The right to “equal treatment with respect to employment” covers every aspect of the workplace environment and employment relationship, including job applications, recruitment, training, transfers, promotions, apprenticeship terms, dismissal and layoffs. It also covers rate of pay, overtime, hours of work, holidays, benefits, shift work, discipline and performance evaluations.
Relevant policies and guides:
- Policy on removing the "Canadian experience" barrier
- Human rights at work 2008 - 3rd edition
- Guidelines on developing human rights policies and procedures
- Policy on employment-related medical information
- Policy on drug and alcohol testing
- Policy on requiring a drivers license as a condition of employment
- Human rights maturity model (Canadian Human Rights Commission)
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June 1996 - Standards for height and weight are sometimes used to screen or evaluate job applicants. In the OHRC's experience, this tends to occur in recruitment for occupations that traditionally have been male dominated. These standards or selection criteria are based on the average physical stature of men in the majority population group. Women and members of racialized groups are, on the average, physically smaller than members of the majority population group. Consequently, these groups tend to be disadvantaged by height and weight criteria. The policy of the OHRC with regard to such recruitment practices is set out below. This policy applies to all height and weight criteria used in the context of employment.
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Policy on employment-related medical information
June 1996 - The guidelines contained in this policy are intended to help applicants, employees and employers to understand their rights and responsibilities regarding employment-related medical information. -
Policy on requiring a driver's licence as a condition of employment
September 2000 - A driver's licence contains personal information about an individual which could lead to the classification of a job applicant according to a prohibited ground of discrimination, contrary to subsection 23(2) of the Code. Therefore, unless a driver's licence is required to enable a person to perform the essential duties of a job, it should not be requested in an application form or during an employment interview. -
OHRC letter to the former Ontario Insurance Commission
From: Discussion paper: Human rights issues in insurance
November 28, 1997 - In accordance with PART IV, s.36 of the Ontario Insurance Commission’s (“the OIC”) Rules of Practice and Procedure for Commissioner, Superintendent and Advisory Board Hearings, the Ontario Human Rights Commission (“the Commission”) submits this letter of comment with respect to the public hearing to be held on an application filed by (the insurer) for an automobile insurance classification system and automobile insurance rates. -
Discussion paper: Human rights issues in insurance
October 1999 - The objective of the Paper is twofold: to promote dialogue on protecting human rights in the insurance industry and to examine alternatives to current practices by obtaining input from experts, regulators and consumers. Access to insurance in our society raises significant issues about distributive justice and fairness in the public sphere, issues that have received scant attention in Canada and in Ontario where rate setting has traditionally been viewed as a private matter. -
Commission launches Human Rights Guide for the workplace
Toronto - The Ontario Human Rights Commission will be launching its latest publication, Human Rights at Work, tomorrow at the annual Human Resources Professionals Association of Ontario conference in Toronto. Human Rights at Work is a plain language guide for employers and covers a number of workplace-related human rights issues.
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Policy on drug and alcohol testing
September 2000 - Drug and alcohol testing are of particular concern in the workplace, notably for those Ontario employers that have safety sensitive operations, and/or that are subject to U.S. regulatory requirements (e.g. the trucking industry) or to the policies of U.S. affiliates with “zero tolerance” for the consumption of drugs or alcohol. For this reason, this Policy focuses on the workplace. However, it applies to other social areas as well. -
Disability - Workplace roles and responsibilities (fact sheet)
2000 - Everyone - employers, unions, and persons with disabilities - has a shared responsibility for making the accommodation process a success. Nothing forces a person to reveal a disability. However, when an accommodation is requested, everyone involved should cooperatively share information and actively seek solutions.
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How far does the duty to accommodate go? (fact sheet)
2000 - Business inconvenience, resentment or hostility from other co-workers, the operation of collective agreements and customer "preferences" cannot be considered in the accommodation process. When a person with a disability needs supports in order to work, use a service or access housing, the employer, service provider or landlord has a duty to provide these supports. There are limits to this duty, and these limits are called undue hardship.
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Chief Commissioner commends plans to allow flexibility and choice in retirement
Toronto - Chief Commissioner Keith Norton of the Ontario Human Rights Commission today praised the government's move to act on providing more flexibility and choice in the area of retirement. This is consistent with the Commission's recommendation made in June 2001 for Ontario workers aged 65 or older. "The Bill introduced by the government yesterday respecting the age of retirement is significant and a step in the right direction. For some older workers, maintaining or even obtaining employment can have profound implications on their sense of worth, their dignity and their economic security. They should be judged on their ability to perform a job, and not have to leave their work just because they reach a certain age," stated Chief Commissioner Keith Norton, adding that, "Although the Bill provides for a transition period until January 1, 2005, it does not prevent any forward-looking employer and bargaining agent from implementing the provisions before that date."