OHRC Frequenly Asked Questions (FAQ's)
Taking action to build awareness and challenge hate in Ontario
As part of Human Rights First: Strategic Plan 2023-25, the Ontario Human Rights Commission (OHRC) is committed to work with other institutions to challenge and address the increase in hate expression and help ensure public institutions, individuals and groups know how to use the human rights system to respond to hate.
COVID-19 and Ontario’s Human Rights Code – Questions and Answers
Last updated October 20, 2022
The OHRC has developed a series of questions and answers for understanding your human rights and obligations during the COVID-19 pandemic. These questions and answers cover the rights and responsibilities of employers and employees, tenants and landlords, as well as residential institutions.
Disclaimer: The answers to the questions posed do not constitute legal advice. The OHRC continues to monitor the evolving situation and will update or add to these questions and answers on an ongoing basis as needed.
Under suspicion: Frequently asked questions
What is racial profiling?
Racial profiling is a specific type of racial discrimination that pertains to safety and security. The OHRC currently defines racial profiling as:
[A]ny action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment.
Drug and alcohol testing – Frequently asked questions
- Why isn’t it an obvious violation of human rights to do mandatory collection of an employee’s fluids or breath that could reveal a disability?
As an employer do I have to give people time off for religious leave and do I also have to pay them?
Employers have a duty to accommodate an employee’s creed to the point of undue hardship, including by providing time off for religious holidays.
Can an employer ask for a driver’s licence, when I am applying for a job?
The Human Rights Code says employers must not use application forms or ask questions of job applicants, which directly or indirectly ask them to give information about a “ground of discrimination”. For example, asking for information about a driver’s licence, when it may not be an essential duty of the job, may prevent or discourage someone from applying for a job - such as a person with a disability who is limited in their ability to drive. Also, asking a job ap
Can I fire a woman whose pregnancy is preventing her from doing the job she was hired to do?
It is discrimination if you fire, demote or lay off an employee because she is or may become pregnant or she is away on maternity leave or disability leave related to pregnancy. Employers have a duty to accommodate a pregnant woman unless it would cause undue hardship. This may include changing her job duties temporarily or providing time off work.
As an employer do I have to give people time off for religious leave and do I also have to pay them?
Employers have a duty to accommodate an employee’s creed to the point of undue hardship, including by providing time off for religious holidays.
As an employer what is my duty to accommodate someone who injured him/herself at home?
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.