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:
- Policy on removing the "Canadian experience" barrier
- Human rights at work 2008 - 3rd edition
- Guidelines on developing human rights policies and procedures
- Policy on employment-related medical information
- Policy on drug and alcohol testing
- Policy on requiring a drivers license as a condition of employment
- Human rights maturity model (Canadian Human Rights Commission)
OHRC launches survey into Canadian experience requirement
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
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.
Interview questions and Facebook (fact sheet)
March 2012 - A story this week in the Toronto Star told of a candidate for a job with a police service who was asked, at an interview, to provide the password for his Facebook page. The story provoked a discussion on the blog of law professor David Doorey; is asking for such information contrary to Ontario’s Human Rights Code?
First Year Report issued on joint Human Rights Project Charter
Toronto - A report on first year activities undertaken as part of joint Project Charter with the Ontario Human Rights Commission (OHRC) was released today by the Windsor Police Service (WPS), the Windsor Police Services Board (WPSB) and the Ontario Police College (OPC).
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.
3. Discrimination and employment
People with mental health disabilities or addictions often face barriers to finding and keeping jobs. People with serious mental health disabilities tend to have very high rates of unemployment.
