Employment

1. Sexual harassment [16]

   From: Guide to your rights and responsibilities under the Human Rights Code

   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.

2. Employment [6]

   From: Guide to your rights and responsibilities under the Human Rights Code

   Every person has the right to equal treatment in employment without discrimination based on Code grounds. In Ontario, about three-quarters of all human rights claims come from the workplace.

   Employment is used in a very general way in the Code. Employees, independent contractors[7] and volunteers are covered.

3. 8. Preventing and responding to sexual harassment

   From: Policy on preventing sexual and gender-based harassment

   The ultimate responsibility for maintaining an environment free from sexual harassment rests with employers, housing providers, educators and other responsible parties covered by the Code. From a human rights perspective, it is not acceptable to choose to stay unaware of sexual harassment, whether or not a human rights claim has been made.^[170]

4. 3. Sexual harassment in employment

   From: Policy on preventing sexual and gender-based harassment

   While unequal power relationships exist in many sectors of society, they tend to appear the most in the workplace, where hierarchies are common. Both women and men may experience sexual harassment in employment, but women tend to be more vulnerable to harassment by men, because relative to men, more women hold lower-paying, lower-authority and lower-status jobs. At the same time, even women in positions of authority are not free from sexual harassment or inappropriate gender-related behaviour.^[100]

5. The Ontario Human Rights Commission and Christian Horizons today released the following statement

   Christian Horizons and the Ontario Human Rights Commission are pleased to announce a partnership initiative to enhance diversity within the CH workforce, strengthening CH's mission to serve people living with developmental disabilities. As part of the initiative, CH will be welcoming applications for future vacancies in support worker and program manager positions from all persons regardless of creed.

6. Remove the “Canadian experience” employment barrier: OHRC

   Toronto –The Ontario Human Rights Commission’s (OHRC) new Policy on removing the “Canadian experience” barrier was launched today by Chief Commissioner Barbara Hall in partnership with KPMG.

7. Common questions: Policy on removing the “Canadian experience” barrier (fact sheet)

   1. What do you mean by a “Canadian experience” requirement?

8. Talking about Canadian experience (fact sheet)

   July 2013 - In October 2012, the Ontario Human Rights Commission (OHRC) hosted an online survey to learn more about the experiences of both job seekers and employers in dealing with requirements for Canadian experience. The survey was not about statistics – it was about giving people an opportunity to talk about the barriers they faced, and in the case of employers, the reasons for keeping or removing requirements for Canadian experience. We included many of stories and comments we heard in our new Policy on removing the “Canadian experience” barrier. The following sections highlight some of the recurring themes we heard, and some of the more poignant stories of people facing discrimination because they did not have Canadian experience.

9. Removing the "Canadian experience" barrier (brochure)

   Some employers ask people applying for jobs if they have “Canadian experience.” That can make it much harder for people new to Canada to find work. Some “regulatory bodies” (such as the professional associations for accountants or doctors) also ask for Canadian experience.

   The Ontario Human Rights Commission (OHRC) believes that asking for Canadian experience can result in discrimination. Employers and regulatory bodies should always have to show why Canadian experience is needed.

10. Policy on Removing the “Canadian experience” barrier

    July 2013 - While the Ontario Human Rights Commission (OHRC) recognizes the significance of all of the barriers newcomers potentially face when trying to access the job market, this policy will focus on “Canadian experience” as an employment or accreditation requirement, and as a practice that raises human rights concerns. The OHRC’s position is that a strict requirement for “Canadian experience” is prima facie discrimination (discrimination on its face) and can only be used in very limited circumstances. The onus will be on employers and regulatory bodies to show that a requirement for prior work experience in Canada is a bona fide requirement, based on the legal test this policy sets out.

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