Employers, housing providers, educators and other responsible parties covered by the Code have the ultimate responsibility for maintaining an inclusive environment that is free from discrimination and harassment, and where everyone’s human rights are respected. Organizations and institutions operating in Ontario have a legal duty to take steps to prevent and respond to situations involving competing rights.
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)
Finding the right consultant to help you develop human rights policies, get training or investigate or resolve disputes is a good investment. A good consultant can help you build a diverse and inclusive workplace, avoid legal expenses and reach diverse markets with your products or services. This fact sheet can help you use search tools on the Internet to find and choose the right consultant for your immediate need. There is no one “best” way to conduct on-line searching. The points offered here are just suggestions.
As of December 12, 2006, the Ontario Human Rights Code protects all persons aged 18 and over against discrimination in employment on the basis of their age. This means that employers cannot make decisions about hiring, promotion, training opportunities, or termination on the basis of an employee’s age.
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.
March 2012 - A story this week in the Toronto Star told of a candidate for a job with a police service who was asked, at an interview, to provide the password for his Facebook page. The story provoked a discussion on the blog of law professor David Doorey; is asking for such information contrary to Ontario’s Human Rights Code?
May 2012 - What follows is a discussion of significant legal decisions dealing with religious and creed rights in Canada. The focus is on decisions made since the Commission issued its 1996 Policy on Creed and the Accommodation of religious observances. It does not review every decision, but those that may be important from a human rights perspective. In addition to a description of the case law, trends and areas where it is anticipated the case law will continue to evolve or be clarified are identified. The review will form the basis for further research and dialogue concerning the law in Canada as it relates to this significant area of human rights.
This submission outlines recent developments for the reporting period June 1, 2011 through May 31, 2012 related to discrimination in employment and the Ontario Human Rights Commission’s (the OHRC) mandate. It includes OHRC activities, recent case law and comment regarding relevant ILO Committee observations and direct requests.
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.
a) Federal legislation
i) Canadian Human Rights Act
The Canadian Human Rights Act (“CHRA”) applies to workplaces in federal organizations or industries that are regulated by the federal government. The Ontario Human Rights Code does not apply to such organizations. Both of these laws cannot apply at the same time. If one applies, the other does not.
The choice of incorporating statute does not determine whether a company is provincially or federally regulated. The CHRA covers workplaces such as: