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.
What are my rights under the Ontario Human Rights Code?
Under the Ontario Human Rights Code, individuals are entitled to equal treatment and protected from discrimination regardless of their sex, gender identity, and gender expression. Sex can refer to the biological sex that a person is assigned at birth. However, this also includes gender, a much broader notion.
Who is entitled to human rights in Canada?
Everyone in Canada is entitled to the same fundamental human rights including the right to equality and dignity, and to live free from discrimination and harassment. In Canada, human rights are protected by federal, provincial and territorial laws.
What should I know about the Human Rights Code (Code)?
You should be aware that the law and procedures under the Human Rights Code (Code) and at the Human Rights Tribunal of Ontario (HRTO) are subject to change without notice. Everyone in Canada is entitled to the same fundamental human rights including the right to equality and dignity, and to live free from discrimination and harassment.
What happens if you violate your human rights in Ontario?
Individuals who believe their rights are being violated under the Ontario Human Rights Code can file a Human Rights Application with the Human Rights Tribunal of Ontario. Applicants can seek monetary damages and non-monetary damages if their workplace is violating their Human Rights.
What does the Ontario Human Rights Code cover?
It is a provincial law that gives everybody equal rights and opportunities without discrimination in areas such as jobs, housing and services. The Code's goal is to prevent discrimination and harassment because of race, sex, disability and age, to name a few of the 17 grounds.
What aspects of employment are covered by the Human Rights Code?
The Code's protection from discrimination covers all stages of the employment relationship including recruitment and hiring, working conditions, promotions and layoffs or termination of employment.
What are some exceptions to the Ontario Human Rights Code?
Race, ancestry, colour, place of origin, ethnic origin, citizenship, nationality, creed, sex, family status, marital status, age, disability, receipt of public assistance (in accommodation only), record of offences (in employment only).
Where does the Ontario Human Rights Code apply?
The Ontario Code only provides protection against discrimination in Ontario. There are other pieces of human rights legislation in each of the other provinces and territories and federally.
Who does the Canadian Human Rights Act not apply to?
The Canadian Human Rights Act applies only to people who work for or receive benefits from the federal government; to First Nations; and to federally regulated private companies such as airlines and banks.
What are my rights as an employee in Ontario?
The right to “equal treatment with respect to employment” covers applying for a job, being recruited, training, transfers, promotions, terms of apprenticeship, dismissal and layoffs. It also covers rate of pay, overtime, hours of work, holidays, benefits, shift work, discipline and performance evaluations.
Does the Ontario Human Rights Code supersedes all provincial legislation?
The Ontario Human Rights Code has primacy—or takes precedence—over all other legislation in Ontario unless that legislation specifically states that the Code does not apply.
What basic 10 rights are protected by the Ontario ESA?
ESA protects most workers in Ontario....These include the rules about:The hours you work.What the minimum wage is and how and when you get pay for overtime work.Public holidays.How much vacation time workers get and when you get vacation pay.Pregnancy and parental leave.Personal emergency leave (including sick days)More items...•
What is an exception to human rights?
General exceptions apply to discrimination in all areas of public life, such as situations where discrimination is necessary to protect someone's health and safety. This means that discrimination may not be against the law in particular circumstances. Discrimination authorised by court or law.
What are the 5 social areas of the Code?
Five Protected Social AreasServices. Every person has the right to receive goods, services, or use facilities without discrimination based on any Code ground. ... Housing (Accommodation) Every person has the right to equal treatment in housing without discrimination based on any Code ground. ... Contracts. ... Employment. ... Unions.
In which situation would an employer be required to accommodate an employee?
Employers must accommodate employees when they cannot perform all of the duties of the job because of their disabilities. For example, suppose an employee with low vision has a job requiring her to work on a computer.
What are the five social areas of the Code?
The Code is divided into an introductory section followed by five parts....b) Prohibited discrimination groundsrace.ancestry.place of origin.colour.ethnic origin.citizenship.creed (religion)sex (includes gender identity and pregnancy)More items...
What are the 5 social areas of the code?
Under the Code, you have the right to be free from discrimination in five parts of society – called social areas – based on one or more grounds. The five social areas are: employment, housing, services, unions and vocational associations and contracts.
What are employers covered by the Employment Equity Act legally obligated to do?
Under the Act, employers are required to analyse their workforce, review employment systems, policies and practices to identify and eliminate barriers, review policies and programs to correct under-representation and provide reasonable accommodation.
What are the basic rights of workers?
Workers' rights encompass a large array of human rights from the right to decent work and freedom of association to equal opportunity and protection against discrimination. Specific rights related to the workplace include health and safety in the workplace and the right to privacy at work, amongst many others.
What are the Canadian employment laws intended to do?
The Canadian Human Rights Act is a law to prohibit discrimination in employment and services within federal jurisdiction. Under the Act, Canadians are protected from discrimination when they are employed or receive services from: the federal government; First Nations governments; or.
What is the human rights code?
The Human Rights Code is a statute in the Canadian province of Ontario that guarantees equality before the law and prohibits discrimination in specific social areas such as housing or employment. The code's goal specifically prohibits discrimination based on race, colour, gender identity or expression, sex, sexual orientation, disability, creed, ...
What are the laws in Ontario?
The code replaced the province's existing anti-discrimination legislation, including: 1 Fair Employment Practices Act, 1951 which prohibited discrimination based on race and religion in employment; 2 Female Employee's Fair Remuneration Act, 1951 which prohibited an employer from paying a female employee less money for the same work done by a man in the same establishment 3 Fair Accommodation Practices Act, 1954 which prohibited discrimination in public places on racial, religious or ethnic grounds; 4 Ontario Anti-Discrimination Commission Act, 1958 which created a commission to administer the above acts and develop educational programs;
What is the HRTO?
The Human Rights Tribunal of Ontario (HRTO) is the administrative, quasi-judicial tribunal tasked with hearing complaints that the code has been violated. It has the power to grant damages and specific performance to remedy discriminatory acts.
How many parts are in the preamble of the code?
The code is divided into an introductory section, or "preamble", followed by seven parts.
What was the first law in Canada?
The Human Rights Code was the first law of its kind in Canada. It replaced various laws that dealt with different kinds of discrimination. The code brought them together into one law and added some new protections. The code came into force on June 15, 1962.
When did the Ontario Human Rights Commission investigate discrimination?
Before June 30, 2008, human rights complaints were filed with the Ontario Human Rights Commission (OHRC), which investigated claims of discrimination. Since June 30, 2008, claims of discrimination are filed directly with the HRTO, leaving the OHRC to concentrate its resources on systemic discrimination, public education and policy development.
Which act prohibited discrimination in public places on racial, religious or ethnic grounds?
Fair Accommodation Practices Act, 1954 which prohibited discrimination in public places on racial, religious or ethnic grounds;
What does “Discrimination” Mean?
Discrimination means any form of unequal treatment against a person based on a prohibited ground under the Human Rights Code. Since most people do not openly discriminate, the focus is generally on the impact of the person’s behaviour, not their intention.
How to Prove Human Rights Discrimination?
In order to prove discrimination under the Human Rights Code, an employee must show that:
How Could a Human Rights Lawyer Help?
For employees, Bune Law provides comprehensive human rights legal advice and representation to employees all across Ontario, to ensure their basic rights to equal treatment in employment are respected and protected.
How does discrimination occur?
This is why proving discrimination often requires closely examining the specific circumstances of each case, including a person’s tendencies and patterns of behaviour. Similarly, when it comes employers, we generally examine the entire “system” that exists at the company – that is, past/current behaviour, decisions, policies or practices to determine – how it operates and how it impacts specific people ( e.g., women, persons of colour, people with disabilities, etc.).
What is the duty of an employer in Ontario?
In Ontario, employers have a legal “duty to accommodate” the needs of their employees that relate to personal characteristics protected by the Human Rights Code. Quite often, this means that employers have to adjust rules, policies or practices to allow employees to do their job and participate in the workplace.
How to prove discrimination?
In order to prove discrimination under the Human Rights Code, an employee must show that: 1 they have a protected personal human characteristic (e.g., race, ethnicity or disability); 2 they experienced negative/unequal treatment in some aspect of their employment (e.g., pay or promotion); and 3 part of the reason for the negative/unequal treatment was their human characteristic (e.g., race, ethnicity or disability).
Employment
Employment law in Ontario is a broad area made of many different parts, including under the Employment Standards Act and common law.
Human Rights in Ontario
Ontario’s Human Rights Code is a provincial law that provides everyone equal rights and opportunities without discrimination. In other words, it ensures that all people in Ontario are free from discrimination.
Contact Bune Law Today
With years of experience in employment law, Bune Law is happy to provide insight and advice on your specific circumstances. If you’re looking for an employment lawyer and would like more information about what Bune Law can do for you, please reach out either online or by phone at 647-822-5492 today.
How does HRTO work?
The HRTO offers the opportunity to settle cases through its mediation services and conducts adjudication of cases by holding hearings. Go to the HRTO’s website for: Application form (for making a claim of discrimination under the Code ); Applicant’s Guide (for help in completing an Application Form 1).
What is the role of the OHRC?
The OHRC promotes, protects and advances human rights through research, education , targeted legal action and policy development. The OHRC can also bring applications at the HRTO and often participates, or intervenes, as a party in cases that have the potential for broader, systemic change.
Which body applies the CHRA to cases that are referred to it by the CHRC?
The CHRT applies the CHRA to cases that are referred to it by the CHRC.
Which body investigates claims of discrimination?
The CHRA also created the CHRC which investigates claims of discrimination as well as the CHRT to decide the claims referred to it by the CHRC.
What are the rights of everyone in Canada?
Everyone in Canada is entitled to the same fundamental human rights including the right to equality and dignity, and to live free from discrimination and harassment. In Canada, human rights are protected by federal, provincial and territorial laws. Canada’s human rights laws stem from the Universal Declaration of Human Rights, adopted by the newly established United Nations in December 1948.
What is the phone number for HRLSC?
The HRLSC’s intake phone line can be reached at: Tel: (416) 597-4900. Toll Free: 1-866-625-5179.
What is provincial jurisdiction?
Provincial jurisdiction: First, there is the part of the human rights system that falls under provincial jurisdiction. Each Canadian province and territory have its own anti-discrimination law that applies to activities that are provincially regulated.
Overview
The Human Rights Code is a statute in the Canadian province of Ontario that guarantees equality before the law and prohibits discrimination in specific social areas such as housing or employment. The code's goal specifically prohibits discrimination based on race, colour, gender identity or expression, sex, sexual orientation, disability, creed, age and other grounds. The code is administered b…
History
The Human Rights Code was the first law of its kind in Canada. It replaced various laws that dealt with different kinds of discrimination. The code brought them together into one law and added some new protections. The code came into force on June 15, 1962. June 15 was chosen as the proclamation date for the code because it was the 747th anniversary of the signing of the Magna Carta.
Grounds
The code prohibits discrimination on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity and expression, age, marital status, family status, disability, the receipt of public assistance (housing only), record of offences (employment only), or by association with a person identified by any of those grounds.
The most recent amendment to this list was on June 19, 2012, to add gender identity and gende…
Administration
The Human Rights Tribunal of Ontario (HRTO) is the administrative, quasi-judicial tribunal tasked with hearing complaints that the code has been violated. It has the power to grant damages and specific performance to remedy discriminatory acts. The HRTO is subject to judicial review by the Divisional Court of the Ontario Superior Court of Justice.
Before June 30, 2008, human rights complaints were filed with the Ontario Human Rights Commi…
Content
The code is divided into an introductory section, or "preamble", followed by seven parts.
• Part I sets out basic rights and responsibilities.
• Part II explains how the code is interpreted and applied.
• Part III explains the role and structure of the Ontario Human Rights Commission (OHRC).
Application
The code does not apply to federally regulated activities, such as banking, intra-provincial transportation, aeronautics and telecommunications, which are subject to the Canadian Human Rights Act.
See also
• Human Rights Legal Support Centre
• Ontario Human Rights Commission
• Human Rights Tribunal of Ontario
• Canadian Human Rights Act
External links
• [1]
• Ontario Human Rights Code (full text)
• Ontario Human Rights Code at the Ontario Human Rights Commission