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1. 12. Employment

   From: Minds that matter: Report on the consultation on human rights, mental health and addictions

   Work, paid or unpaid, is a fundamental part of realizing dignity, self-determination and a person’s full potential in society. In Ontario, people are protected from discrimination based on disability in employment. Employment includes paid employment, volunteer work, student internships, special job placements, and temporary, contract, seasonal or casual employment. Many consumer/survivors or people with addictions expressed their desire to work or volunteer, but could not without the accommodation they needed.

2. 7. Employment

   From: Policy on preventing discrimination because of pregnancy and breastfeeding

   Protection against discrimination in employment extends to all aspects of the employment relationship, from the recruitment and selection process, through all the various aspects of the working relationship, to the termination of the employment. Employment includes full-time work, part-time work, volunteer work, student internships, special employment programs, probationary employment,^[95] and temporary or contract work.

3. Employment [6]

   From: Guide to your rights and responsibilities under the Human Rights Code

   Every person has the right to equal treatment in employment without discrimination based on Code grounds. In Ontario, about three-quarters of all human rights claims come from the workplace.

   Employment is used in a very general way in the Code. Employees, independent contractors[7] and volunteers are covered.

4. Submission to the Employment Accessibility Standards Development Committee Regarding the Initial Proposed Employment Accessibility Standard

   May 2009 - The Ontario Human Rights Commission has reviewed the initial proposed Employment Accessibility Standard prepared by the Employment Accessibility Standards Development Committee pursuant to the Accessibility for Ontarians with Disabilities Act (AODA). The Commission would like to raise the following issues for consideration by the Committee as it deliberates and prepares to submit to government a final proposed standard following the public consultation period.

5. 13. Ending the employment relationship

   From: Human Rights at Work 2008 - Third Edition

   There are many instances when it will be appropriate and non-discriminatory for an employment relationship to end, whether through termination, layoffs, surplus decisions, early retirement or an employee’s resignation. In all of these, a key consideration is to make sure that the end of the employment relationship is not linked to, based on or tainted by discrimination. This consideration applies even if employees are dismissed during a probationary period or are not retained at the end of a probationary period.

6. 5. Interviewing and making hiring decisions

   From: Human Rights at Work 2008 - Third Edition

   This section describes the human rights issues that commonly arise in interviews, some of the types of questions that may or may not be asked, and how to make hiring decisions that do not contravene the Code. Supervisors, managers and human resources staff who are responsible for making hiring decisions must be trained and educated to identify and eliminate discrimination, harassment and barriers to advancement for persons protected by the Code.

7. IX. Employment

   From: Policy and guidelines on discrimination because of family status

   To a significant degree, the workplace is still built on the assumption that families are composed in a ‘traditional’ fashion, of two married heterosexual parents, one of whom is providing full-time caregiving for children, aging relatives, and other family members as necessary. Work schedules, policies and benefits all too often reflect the assumption that employees do not have substantial caregiving obligations. The corollary to this assumption is the belief that workers who do have substantial caregiving obligations are in some way inferior and undesirable employees.

8. Employment [35]

   From: Guide to your rights and responsibilities under the Human Rights Code

   Job advertisements

   Advertisements for jobs should not refer, directly or indirectly, to prohibited grounds of discrimination. For example, an ad that says “We prefer hiring younger people” is not allowed.[36]

9. Pre-employment testing for drug and alcohol use as part of an employment-relatedmedical examination

   From: Policy on drug and alcohol testing

   Testing for alcohol or drug use is a form of medical examination. Therefore, an employer considering such testing should be guided by the three-part test cited above, by the OHRC's Policy on Employment-Related Medical Information ^[20] and by the Ontario Court of Appeal’s decision in the Entrop case.

10. 4. Legal responsibility for human rights at work

    From: Human Rights at Work 2008 - Third Edition

    a) Employers

    Employers have the primary obligation to make sure their workplace is free from discrimination and harassment. Employers are expected to proactively provide a workplace where human rights are respected and employees afforded equal opportunities. This includes working with unions to negotiate collective agreements that are consistent with the Code.

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