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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, 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. Can an employer ask for a driver’s licence, when I am applying for a job?

    From: Frequently asked questions

    The Human Rights Code says employers must not use application forms or ask questions of job applicants, which directly or indirectly ask them to give information about a “ground of discrimination”.  For example, asking for information about a driver’s licence, when it may not be an essential duty of the job, may prevent or discourage someone from applying for a job - such as a person with a disability who is limited in their ability to drive.  Also, asking a job applicant to provide a photocopy of their driver's licence would reveal information about the applican

  2. Can I fire a woman whose pregnancy is preventing her from doing the job she was hired to do?

    From: Frequently asked questions

    It is discrimination if you fire, demote or lay off an employee because she is or may become pregnant or she is away on maternity leave or disability leave related to pregnancy. Employers have a duty to accommodate a pregnant woman unless it would cause undue hardship. This may include changing her job duties temporarily or providing time off work.

  3. As an employer do I have to give people time off for religious leave? Do I also have to pay them?

    From: Frequently asked questions

    Organizations have a duty to accommodate sincerely held religious beliefs and practices unless they can show that it would cause undue hardship.  Employers may be able to fulfill their duty to accommodate religious observances requiring a leave of absence in a number of ways, depending on the circumstances.

  6. Appendix B – Human rights in the workplace: which laws?

    From: Human Rights at Work 2008 - Third Edition

    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:

  7. 12. Employment

    From: Minds that matter: Report on the consultation on human rights, mental health and addictions

    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.

  8. Creed case law review

    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.

  9. Employment

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

    The right under section 5 to equal treatment with respect to employment is infringed where an invitation to apply for employment or an advertisement in connection with employment is published or displayed that directly or indirectly classifies or indicates qualifications by a prohibited ground of discrimination.

  10. Sexual harassment

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

    Every person who occupies accommodation has a right to freedom from harassment because of sex by the landlord or agent of the landlord or by an occupant of the same building. Every person who is an employee has a right to freedom from harassment in the workplace because of sex by his or her employer or agent of the employer or by another employee.

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