2005 - All Ontarians have the right to be free from harassment in the workplace or in housing accommodation because of, among other things, race, colour, ancestry, place of origin, ethnic origin, citizenship and creed. While the Ontario Human Rights Code (the “Code”) doesn’t explicitly prohibit harassment in the areas of services, goods and facilities, contracts or membership in trade and vocational associations, the Commission will treat racial harassment in such situations as a form of discrimination and therefore a breach of the Code.
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)
The Code says every person has the right to be free from unwelcome advances or solicitation in employment. “Employment” includes applying and interviewing for a job, volunteer work, internships, etc. It also includes activities or events that happen outside of normal business hours or off business premises, but are linked to the workplace and employment.
Work, paid or unpaid, is a fundamental part of realizing dignity, self-determination and a person’s full potential in society. In Ontario, people are protected from discrimination based on disability in employment. Employment includes paid employment, volunteer work, student internships, special job placements, and temporary, contract, seasonal or casual employment. Many consumer/survivors or people with addictions expressed their desire to work or volunteer, but could not without the accommodation they needed.
Sexual harassment in housing and workplaces
“Harassment” in this section means comments or actions based on sex, sexual orientation, gender identity or gender expression that are unwelcome to you or should be known to be unwelcome. They may include humiliating or annoying conduct. Harassment requires a “course of conduct,” which means that a pattern of behaviour or more than one incident is usually required for a claim to be made to the Tribunal. However, a single significant incident may be offensive enough to be considered sexual harassment.