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:
This document sets out various actions that governments can take that are broadly consistent with a human rights-based approach to managing the COVID-19 pandemic. These actions are neither comprehensive nor exhaustive. Instead, they are a compilation of possible responses that are consistent with Canada and Ontario’s human rights obligations.
This is further to the discussions you had recently with representatives from the Canadian Human Rights Commission (CHRC) and Ontario Human Rights Commission (OHRC).
Toronto - Recent settlements of complaints with the Workplace Safety and Insurance Board and the Ministry of Municipal Affairs and Housing show an emerging commitment to human rights, the Ontario Human Rights Commission reports. The settlements follow the Supreme Court of Canada decision in Tranchemontagne v. the Ministry of Community and Social Services. In that decision, the Court told the Social Benefits Tribunal to apply the Code to resolve the issue before it. The Supreme Court stressed the primacy of the Code over other Ontario laws, unless the legislation governing the body expressly states that the Code will not prevail.
Toronto – The Ontario Human Rights Commission (OHRC) took another step to eliminate racial profiling in Ontario by speaking out in the Office of the Independent Police Review Director (OIPRD) systemic review of the OPP practices for obtaining voluntary DNA samples. The OHRC is troubled by allegations that the Ontario Provincial Police (OPP) engaged in racial profiling when requesting DNA samples from migrant workers near Vienna, Ontario as part of a sexual assault investigation in October and November 2013.
From: Human Rights at Work 2008 - Third Edition
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:
From: Policy and guidelines on racism and racial discrimination
There are many tools available to assist employers in engaging in employment systems reviews to identify systemic barriers to racialized persons as well as others identified by Code grounds such as women and employees with disabilities.
From: Frequently asked questions
Employers have a duty to accommodate an employee’s creed to the point of undue hardship, including by providing time off for religious holidays.
From: Frequently asked questions
As an employer you have a duty to accommodate employees with disabilities, unless it would cause undue hardship, even if their injury is not work-related.
As part of its commitment to employment equity, the Toronto District School Board (the “Board”) agrees to undertake a number of initiatives that expand upon its efforts to date to promote barrier-free hiring and promotion, and equitable representation of designated groups at all levels of employment.
