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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:

OHRC launches survey into Canadian experience requirement

October 5, 2012

Toronto – A new survey launched today by the Ontario Human Rights Commission (OHRC) asks job seekers and employers to describe how “Canadian experience” requirements in the Ontario job market have affected them. “In our conversations with newcomers, they often talk about the requirement for ‘Canadian experience’ as a big barrier to their entry into the workforce,” commented OHRC Chief Commissioner Barbara Hall, “We want to learn more about how this requirement plays out in real life.”

OHRC releases consultation report on human rights, mental health and addictions

September 13, 2012

Toronto – The Ontario Human Rights Commission (OHRC) today released Minds that matter: Report on the consultation on human rights, mental health and addictions. This report outlines what the OHRC heard in its largest-ever policy consultation across Ontario, and sets out a number of key recommendations and OHRC commitments to address human rights issues that affect people with mental health disabilities or addictions.

12. Employment

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.

OHRC comment to the Ontario Ministry of Labour regarding Canada’s 2012 ILO Article 22 Report on Discrimination Convention 111

This submission outlines recent developments for the reporting period June 1, 2011 through May 31, 2012 related to discrimination in employment and the Ontario Human Rights Commission’s (the OHRC) mandate. It includes OHRC activities, recent case law and comment regarding relevant ILO Committee observations and direct requests.

Creed case law review

May 2012 - What follows is a discussion of significant legal decisions dealing with religious and creed rights in Canada. The focus is on decisions made since the Commission issued its 1996 Policy on Creed and the Accommodation of religious observances. It does not review every decision, but those that may be important from a human rights perspective. In addition to a description of the case law, trends and areas where it is anticipated the case law will continue to evolve or be clarified are identified. The review will form the basis for further research and dialogue concerning the law in Canada as it relates to this significant area of human rights.

2. Practical steps to reduce potential for conflict

Employers, housing providers, educators and other responsible parties covered by the Code have the ultimate responsibility for maintaining an inclusive environment that is free from discrimination and harassment, and where everyone’s human rights are respected. Organizations and institutions operating in Ontario have a legal duty to take steps to prevent and respond to situations involving competing rights.

IV. Human rights issues at all stages in employment

The right to “equal treatment with respect to employment” protects persons in all aspects of employment, including applying for a job, recruitment, training, transfers, promotions, terms of apprenticeship, dismissals, layoffs and terminations. It also covers rate of pay, codes of conduct, overtime, hours of work, holidays, benefits, shift work, performance evaluations and discipline. A fundamental starting point for complying with the Code in relation to all of these is to have a workplace setting where human rights are respected and applied.