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.
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:
- Policy on removing the "Canadian experience" barrier
- 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)
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.
2007 - Under the Ontario Human Rights Code, persons in a parent-child relationship have a right to equal treatment in the workplace. This means that employers cannot discriminate in hiring, promotion, training, benefits, workplace conditions, or termination of employment because a person is caring for a child or parent.
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.
The Code says every person has the right to be free from unwelcome advances or solicitation in employment. “Employment” includes applying and interviewing for a job, volunteer work, internships, etc. It also includes activities or events that happen outside of normal business hours or off business premises, but are linked to the workplace and employment.
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.
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.
As of December 12, 2006, the Ontario Human Rights Code protects all persons aged 18 and over against discrimination in employment on the basis of their age. This means that employers cannot make decisions about hiring, promotion, training opportunities, or termination on the basis of an employee’s age.
2000 - Everyone - employers, unions, and persons with disabilities - has a shared responsibility for making the accommodation process a success. Nothing forces a person to reveal a disability. However, when an accommodation is requested, everyone involved should cooperatively share information and actively seek solutions.
March 2012 - A story this week in the Toronto Star told of a candidate for a job with a police service who was asked, at an interview, to provide the password for his Facebook page. The story provoked a discussion on the blog of law professor David Doorey; is asking for such information contrary to Ontario’s Human Rights Code?