The OHRC’s submission to the Government’s Changing Workplace Review points out that certain groups face many forms of discrimination in employment. As a result, the increase in non-standard working relationships such as lower pay temporary jobs, involuntary part-time work, and self-employment is having a disproportionate impact on vulnerable groups including Indigenous and racialized communities, women, youth and older workers, as well as persons with disabilities who are over-represented in these types of jobs.
The OHRC recommended several changes, including:
In March 2016, the Government of Ontario awarded the OHRC the Ontario Award for Leadership in Immigrant Employment, for its ongoing work to remove the “Canadian experience” barrier that many newcomers face in their search for employment. The OHRC’s Policy on removing the “Canadian experience” barrier is the first of its kind in Canada. It addresses the obstacles many skilled immigrants to Ontario face getting jobs or professional accreditation because their work experience from another country is not recognized. And it reframes the idea of Canadian experience requirements as legitimate requirements – and instead, presents them more properly as discrimination under the Human Rights Code.
The award has historically acknowledged employers and organizations that champion workplace diversity; show leadership in recruiting and mentoring immigrants; or show the positive impacts of hiring immigrants. The award has also recognized immigrants who are entrepreneurs and create jobs in the province.
Subsection 25(2.1) of the Code permits employers to cut or reduce benefits to workers aged 65 and older. In this Human Rights Tribunal of Ontario case, the age-related distinction permitted by subsection 25(2.1) of the Code with respect to group health, dental and life insurance benefits is being challenged under section 15 of the Charter. The OHRC is intervening in this case, to assert that subsection 25(2.1) of the Code amounts to age discrimination and violates section 15 of the Charter. It allows employers to provide older workers with less compensation for equal work, and sends a message that they are less valuable.