Employment Discrimination and Harassment Laws in Ontario, Canada
In Ontario, the Ontario Human Rights Code (OHRC) prohibits discrimination and harassment in employment. These protections apply to all employers, employees, and job applicants in the province. Unlike the U.S. laws that depend on employer size, the OHRC applies universally to workplaces in Ontario.
Protected Grounds Under the Ontario Human Rights Code
The OHRC protects individuals from discrimination and harassment based on the following grounds:
- Race
- Ancestry
- Place of origin
- Color
- Ethnic origin
- Citizenship
- Creed (religion)
- Sex (including pregnancy and breastfeeding)
- Sexual orientation
- Gender identity and gender expression
- Age
- Marital status
- Family status
- Disability (including mental, physical, and addiction-related disabilities)
- Receipt of public assistance (in housing only)
Types of Prohibited Discrimination and Harassment
Under the OHRC, employers are prohibited from engaging in the following forms of discrimination and harassment:
- Failure to hire based on protected grounds
- Termination, demotion, or refusal to promote
- Unequal pay for equal work
- Failure to accommodate disabilities
- Harassment based on protected characteristics (e.g., sexual harassment, racial harassment)
Employer Obligations
Employers in Ontario are legally required to provide a workplace free from discrimination and harassment. They must also take reasonable steps to accommodate employees’ needs related to disability, religion, or family status, up to the point of undue hardship.
For example, an employer must provide wheelchair-accessible facilities for an employee with mobility challenges or modify schedules to accommodate religious observances.
Examples of Employment Discrimination
Some examples of prohibited discriminatory practices under Ontario law include:
- Refusing to hire a candidate due to their age or ethnic origin
- Terminating an employee because of a disability requiring accommodation
- Denying a promotion to a qualified individual based on their gender identity or sexual orientation
- Making unwelcome comments or advances of a sexual nature that create a hostile work environment
Remedies for Discrimination and Harassment
If you experience discrimination or harassment in the workplace, you can file a complaint with the Human Rights Tribunal of Ontario (HRTO). Potential remedies include:
- Compensation for lost wages
- Reinstatement to a former position
- Damages for injury to dignity, feelings, and self-respect
- Orders for workplace training or policy changes to prevent future discrimination
Did You Know?
Under the OHRC, sexual harassment is considered a form of sex discrimination. Employers are responsible for addressing and preventing harassment in the workplace, even if the behavior comes from clients or customers.
Federal Laws and Overlap
For federally regulated workplaces (e.g., banks, airlines, and telecommunications), the Canadian Human Rights Act (CHRA) applies. The CHRA prohibits discrimination on similar grounds and is enforced by the Canadian Human Rights Commission (CHRC).
Taking Action
If you believe you have been a victim of workplace discrimination or harassment, it is important to document incidents thoroughly. Keep copies of performance reviews, emails, and other evidence that may support your case. Legal remedies are available, and you can consult the HRTO or an employment lawyer to protect your rights.
Last reviewed December 2024