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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. Human rights and policing: Creating and sustaining organizational change

    This guide aims to encourage and support police services across Ontario in their work as it relates to upholding the Ontario Human Rights Code. The development of this guide is built on the experience gained in a three-year collaborative human rights organizational change project between the Ontario Human Rights Commission (the OHRC), the Toronto Police Service (TPS) and the Toronto Police Services Board (TPSB). The principled human rights approach elaborated in the guide can help police services better serve the needs of Ontario’s increasingly diverse communities, and draw on the strengths of police services’ own internal diversity.

  2. Submission of the Ontario Human Rights Commission to the Ministry of Labour regarding the consultations on ending mandatory retirement

    September 2004 - This submission is in response to the Ministry of Labour’s public consultation on ending mandatory retirement.The Ontario Human Rights Commission (“OHRC”) commends the Ministry for these steps towards ending mandatory retirement.
  3. 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.

  4. Racism and racial discrimination: Organizational responsibility

    2005 - Employers, unions, educational facilities, service providers and other organizations covered by the Ontario Human Rights Code (the “Code”) are responsible for ensuring that their environments are free from racial discrimination and harassment. This means not just responding when issues of discrimination or harassment arise, but also taking proactive measures to monitor for and prevent their occurrence.
  5. 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.

  6. Submission to the Employment Accessibility Standards Development Committee Regarding the Initial Proposed Employment Accessibility Standard

    May 2009 - The Ontario Human Rights Commission has reviewed the initial proposed Employment Accessibility Standard prepared by the Employment Accessibility Standards Development Committee pursuant to the Accessibility for Ontarians with Disabilities Act (AODA). The Commission would like to raise the following issues for consideration by the Committee as it deliberates and prepares to submit to government a final proposed standard following the public consultation period.
  7. Comment of the Ontario Human Rights Commission on Every Door is the Right Door: Towards a 10-Year Mental Health and Addictions Strategy - Ministry of Health and Long-Term Care

    August 2009 - The Ontario Human Rights Commission, (the “Commission”) commends the Ministry of Health and Long-Term Care (“Ministry”) for its work on an improved strategy to meet the needs of Ontarians with mental illnesses and addictions. The Commission is pleased to provide its input on this discussion paper, particularly with respect to the sections on Stigma and Healthy Communities.

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