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
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:
- 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)
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.
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.
Watch people sharing their experiences and approaches to human rights in areas like housing, employment, education and policing.
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:
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.
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.
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.
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.