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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. Count me in! Collecting human rights-based data

    2010 - This guide is intended to be a practical resource for human resources professionals, human rights and equity advisors, managers and supervisors, unions, and any other people or groups considering a data collection project, or seeking support to do so. This guide may be particularly helpful to readers with little or no knowledge of data collection. The guide will discuss the benefits of data collection, and will highlight key concepts and practical considerations for organizations thinking of gathering data on Code and non-Code grounds. Appendices A to F offer concrete examples of how non-profit, private and public-sector organizations have successfully developed and implemented data collection projects.
  2. 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.

  3. 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.
  4. 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.

  5. 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.
  6. 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.

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