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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, 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: 

  1. Racial harassment and poisoned environments (fact sheet)

    2005 - All Ontarians have the right to be free from harassment in the workplace or in housing accommodation because of, among other things, race, colour, ancestry, place of origin, ethnic origin, citizenship and creed. While the Ontario Human Rights Code (the “Code”) doesn’t explicitly prohibit harassment in the areas of services, goods and facilities, contracts or membership in trade and vocational associations, the Commission will treat racial harassment in such situations as a form of discrimination and therefore a breach of the Code.

  2. How far does the duty to accommodate go? (fact sheet)

    2000 - Business inconvenience, resentment or hostility from other co-workers, the operation of collective agreements and customer "preferences" cannot be considered in the accommodation process. When a person with a disability needs supports in order to work, use a service or access housing, the employer, service provider or landlord has a duty to provide these supports. There are limits to this duty, and these limits are called undue hardship.

  3. Count me in! Collecting human rights based data - Summary (fact sheet)

    2010 - Many people think that collecting and analyzing data that identifies people on the basis of race, disability, sexual orientation and other Ontario Human Rights Code (Code) grounds is not allowed. But collecting data on Code grounds for a Code-consistent purpose is allowed and is supported by Canada’s human rights legislative framework. This summary is a brief overview of some of the key points raised in the guide.

  4. Human rights and mental health (fact sheet)

    The Ontario Human Rights Code (the Code) provides for equal rights and opportunities, and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario and applies to the areas of employment, housing, goods, facilities and services, contracts, and membership in unions, trade or professional associations. In Ontario, the law protects you from discrimination and harassment in these areas because of mental health disabilities and addictions. This includes past, present and perceived conditions.

  5. Finding the right human rights consultant (fact sheet)

    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.

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