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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: 

  1. IX. Employment

    From: Policy and guidelines on discrimination because of family status

    To a significant degree, the workplace is still built on the assumption that families are composed in a ‘traditional’ fashion, of two married heterosexual parents, one of whom is providing full-time caregiving for children, aging relatives, and other family members as necessary. Work schedules, policies and benefits all too often reflect the assumption that employees do not have substantial caregiving obligations. The corollary to this assumption is the belief that workers who do have substantial caregiving obligations are in some way inferior and undesirable employees.

  2. Appendix – Workplace policies, practices and decision-making processes and systemic discrimination

    From: Policy and guidelines on racism and racial discrimination

    There are many tools available to assist employers in engaging in employment systems reviews to identify systemic barriers to racialized persons as well as others identified by Code grounds such as women and employees with disabilities.

  3. IV. Human rights issues at all stages in employment

    From: Human Rights at Work 2008 - Third Edition

    The right to “equal treatment with respect to employment” protects persons in all aspects of employment, including applying for a job, recruitment, training, transfers, promotions, terms of apprenticeship, dismissals, layoffs and terminations. It also covers rate of pay, codes of conduct, overtime, hours of work, holidays, benefits, shift work, performance evaluations and discipline. A fundamental starting point for complying with the Code in relation to all of these is to have a workplace setting where human rights are respected and applied.

  4. Mental health services for frontline workers

    May 28, 2019

    I am writing to commend the government on its recent announcements regarding investments in mental health services for frontline workers including correctional officers, and Ontario Provincial Police personnel and their families. The Ontario Human Rights Commission (OHRC) welcomes the government’s acknowledgment that many correctional staff and police officers face mental health issues.

  5. Letter to Secretary of Cabinet Davidson on anti-Black racism in the Ontario Public Service

    October 18, 2019

    Thank you for your letter dated July 26, 2019, and for meeting with the Ontario Human Rights Commission (OHRC) on September 17 to discuss the government’s efforts to address systemic anti-Black racism in the OPS. In addition to our meetings with your office, the OHRC has met with the Black OPS employee network (BOPSers), as well as with individual employees with personal experiences of anti-Black racism in the OPS.

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