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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. Policy on drug and alcohol testing

    September 2000 - Drug and alcohol testing are of particular concern in the workplace, notably for those Ontario employers that have safety sensitive operations, and/or that are subject to U.S. regulatory requirements (e.g. the trucking industry) or to the policies of U.S. affiliates with “zero tolerance” for the consumption of drugs or alcohol. For this reason, this Policy focuses on the workplace. However, it applies to other social areas as well.
  2. Discussion paper: Human rights issues in insurance

    October 1999 - The objective of the Paper is twofold: to promote dialogue on protecting human rights in the insurance industry and to examine alternatives to current practices by obtaining input from experts, regulators and consumers. Access to insurance in our society raises significant issues about distributive justice and fairness in the public sphere, issues that have received scant attention in Canada and in Ontario where rate setting has traditionally been viewed as a private matter.
  3. OHRC letter to the former Ontario Insurance Commission

    From: Discussion paper: Human rights issues in insurance

    November 28, 1997 - In accordance with PART IV, s.36 of the Ontario Insurance Commission’s (“the OIC”) Rules of Practice and Procedure for Commissioner, Superintendent and Advisory Board Hearings, the Ontario Human Rights Commission (“the Commission”) submits this letter of comment with respect to the public hearing to be held on an application filed by (the insurer) for an automobile insurance classification system and automobile insurance rates.
  4. Guidelines on developing human rights policies and procedures

    June 1996 - The purpose of this publication is to provide some practical guidance to organizations in developing effective and fair ways to prevent human rights infringements and to respond to human rights issues, such as harassment, discrimination, and accommodation needs. Employers, landlords and service providers all have an obligation to ensure that human rights are respected, and can all benefit from the information provided in this publication.
  5. Policy on height and weight requirements

    June 1996 - Standards for height and weight are sometimes used to screen or evaluate job applicants. In the OHRC's experience, this tends to occur in recruitment for occupations that traditionally have been male dominated. These standards or selection criteria are based on the average physical stature of men in the majority population group. Women and members of racialized groups are, on the average, physically smaller than members of the majority population group. Consequently, these groups tend to be disadvantaged by height and weight criteria. The policy of the OHRC with regard to such recruitment practices is set out below. This policy applies to all height and weight criteria used in the context of employment.
  6. Policy on requiring a driver's licence as a condition of employment

    September 2000 - A driver's licence contains personal information about an individual which could lead to the classification of a job applicant according to a prohibited ground of discrimination, contrary to subsection 23(2) of the Code. Therefore, unless a driver's licence is required to enable a person to perform the essential duties of a job, it should not be requested in an application form or during an employment interview.

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