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:
2007 - Under the Ontario Human Rights Code, persons in a parent-child relationship have a right to equal treatment in the workplace. This means that employers cannot discriminate in hiring, promotion, training, benefits, workplace conditions, or termination of employment because a person is caring for a child or parent.
2010 - Many people think that collecting and analyzing data that identifies people on the basis of race, disability, sexual orientation and other Ontario Human Rights Code (Code) grounds is not allowed. But collecting data on Code grounds for a Code-consistent purpose is allowed and is supported by Canada’s human rights legislative framework. This summary is a brief overview of some of the key points raised in the guide.
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.
ISSUE: Input on the International Labour Organization (ILO) Discrimination (Employment and Occupation) Convention 111[1] for Canada’s 2011 Article 22 Report as it pertains to the mandate of the Ontario Human Rights Commission (OHRC).
RECENT DEVELOPMENTS
The Ontario Human Rights Code (the Code) provides for equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario and applies to the areas of employment, housing, goods, facilities and services, contracts, and membership in unions, trade or professional associations. In Ontario, the law protects you from discrimination and harassment in these areas because of mental health disabilities and addictions. This includes past, present and perceived conditions.
This document explains the legal backdrop for the Commission’s Policy Framework. It is divided into two main sections. The first provides an overview and summary of key legal principles from some significant legal decisions. This section aims to help readers understand the relevant legal background when seeking to conciliate or otherwise reconcile competing rights claims. The second part of the document surveys the leading cases that deal with competing rights. It also provides examples of situations where the leading cases, and the key principles from them, have been applied by courts and tribunals. It is divided by the types of rights conflicts that most commonly arise. The cases are discussed in some detail as the specific factual context of each case is so important to the rights reconciliation process.
