In fact, an employer can terminate your employment at any time, for any reason, so long as it is not a discriminatory ground protected by the Ontario Human Rights Code (i.e., disability, pregnancy, age, gender, sexual discrimination, etc.). In employment, a person cannot be discriminated against in employment because of a “record of offences.” Employment decisions cannot be based on whether a person has been convicted and pardoned for an offence under a federal law, such as the Criminal Code, or convicted under a provincial law, such as the Highway Traffic Act. You might feel that your workplace is hostile or unwelcoming to you because of insulting or degrading comments or actions that have been made about you or others based on a Code ground. Use the headings below to choose the type of information you want. Medical examinations to determine the ability to do essential job duties should only be used after a conditional offer of employment has been made, preferably in writing. September 18, 2015 - Dear Minister, The Ontario Human Rights Commission (OHRC) is pleased to make this submission to the Ministry of Labour’s Changing Workplaces Review. race) they experienced adverse treatment/impact within a social area (for example, in accessing a service, housing or employment) Also, if a union does not support an employer’s efforts to meet its obligations under the Code, a human rights application may be filed against the union. People with disabilities have the right to be provided with equipment, services or devices that will allow them to do their job. The Human Rights Tribunal of Ontario deals with claims against these employers. The Act prohibits discrimination based upon physical or mental disability. April 2016: We are currently revising our Policy on drug and alcohol testing (2000). March 8, 2016 - The OHRC recognizes the severe impacts of sexual harassment on working women and trans people. The Code prohibits actions that discriminate against people based on a protected ground in a protected social area. ... Employment rights. If you have a question or concern about discrimination in the workplace, you are encouraged to bring this issue to the attention of your Client supervisor, your Creative Circle Recruiter or a member of the Creative Circle Human Resources team. 2)(1997), 30 C.H.R.R. In this case, a particularly egregious set of facts gave the Ontario Court of Appeal an opportunity to express its disapproval by awarding one of the highest amounts ever for of “injury to dignity, feelings, and self-respect” for the breach of the plaintiff’s rights to be free from discrimination under the Ontario Human Rights Code. In employment, you must be at least 18 years old to file a claim stating that you were discriminated against because of your age. In 2006, the Ontario Human Rights Code (the "Code") was changed and Ontario Courts were granted authority under s. 46.1 (1) of the Code to award damages for the infringement of Code rights. Drug and alcohol dependencies, as well as perceived dependencies, may be considered a form of disability under the Code. They also cannot discriminate at the request of a client. Human Rights Legislation – Ontario & Federal Jurisdictions. 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. Such a standard is only allowed if it: The ultimate issue is whether the person responsible for accommodation has shown that accommodation has been provided up to the point of undue hardship. Employers have a responsibility to accommodate religious needs in the workplace. Employers and employees are not permitted to “contract out” of the provisions of the Code. The Canadian Human Rights Act is a law to prohibit discrimination in employment and services within federal jurisdiction. Minimum standards for height and weight sometimes unintentionally screen out certain job applicants, such as women and racialized persons. 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. [7] See Sutton v. Jarvis Ryan Associates (2010]) HRTO 2421 (CanLII) and Ketola v. Value Propane, (2002) HRTO 46510 (CanLII). But some industries are covered by federal laws. Harassment requires a “course of conduct,” which means that a pattern of behaviour or more than one incident is usually needed. When you apply for a job, you cannot be asked if you have any kind of criminal record. An employer can require that you speak English fluently if it is a genuine job requirement. 1990, CHAPTER H.19. In Ontario, there is no protection for applicants for employment against differential treatment based on a conviction, unless the conviction is for (i) a provincial offence or, (ii) in the event of a criminal offence, a pardon has been obtained. In Ontario, the Human Rights Code (RSO 1990, c H.19) section 5 protects against discrimination in employment based on “record of offences” which is defined as “ (a) an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or (b) an offence in respect of any provincial enactment”. 37 Employment-related medical examinations or questions, as part of the job screening process, are prohibited. You must have facts to show that an objective person would see the comments or conduct resulting in unequal or unfair terms and conditions. It can reduce employees’ morale, decrease productivity and contribute to physical and emotional effects such as anxiety, depression and posttraumatic stress disorder. Does the Ontario Human Rights Code prevent any type of criminal record discrimination? You have the right to employment that respects your sincerely held beliefs and practices. If you think you are being sexually harassed, start keeping a written record of events... Tuesday, July 7, 2015 - The Ontario Human Rights Commission (OHRC) and the Human Resources Professionals Association (HRPA) invite you to a free webinar on preventing sexual harassment at work for human resources professionals, employers, unions, professional associations and employees.Â, August 10, 2015 - Summary: HRTO Decision in Swain v. MBM Intellectual Property Law LLP. Harassment that is not covered under Ontario’s Human Rights Code My boss harasses me all the time and is very rude, but I don’t think it’s related to a human rights issue. Employment agencies cannot discriminate. [11] Shapiro v. Peel (Regional Municipality)(No. Membership in vocational associations and trade unions, Guide to your rights and responsibilities under the Human Rights Code, Part II – Interpretation and application, Solemnization of marriage by religious officials, Discrimination in employment under government contracts, membership in vocational associations and trade unions, www.labour.gov.on.ca/english/hs/topics/workplaceviolence.php. It doesn’t matter what type of business or employment it is – harassing behaviour based on Code grounds in any employment setting is prohibited under the Code. about OHRC and HRPA webinar on preventing sexual harassment at work - July 7, 2015, about Summary: HRTO Decision in Swain v. MBM Intellectual Property Law LLP, about OHRC letter to Minister Flynn about the Ministry of Labour changing workplace review, about OHRC submission to Ministry of Labour Changing workplace review, about OHRC policy position on sexualized and gender-specific dress codes, about Sexual harassment & sex discrimination at work, about Summary for the revised Policy on drug and alcohol testing, Membership in vocational associations and trade unions, Policy on removing the "Canadian experience" barrier, Guidelines on developing human rights policies and procedures, Policy on employment-related medical information, Policy on requiring a drivers license as a condition of employment, OHRC submission to the Office of the Independent Police Review Director’s systemic review of OPP practices for DNA sampling, Preventing discrimination based on mental health and addiction disabilities : An overview for employers (brochure). 17, s. 6. However, being fluent in English is not essential to the job. This means that older persons, who feel that they have discriminated against based on their age, may file a human rights claim.[9]. You may have religious or creed-based needs such as prayer breaks, religious or creed-based days off, and dress requirements. However, forcing an employee to use vacation time instead of exploring other options would likely be found discriminatory. Ontario Human Rights Code. R.S.O. Inq.). D/172 (Ont. This means that older persons, who feel that they have discriminated against based on their age, may file a human rights claim. Testing for alcohol and drug use is a form of medical examination. These kinds of dress codes reinforce stereotypical and sexist notions about how women should look and may violate Ontario’s Human Rights Code. Section 23 of the Code talks about other issues in employment, such as job applications, medical examinations or inquiries, and interviews. On October 4, 2017 Bill 164, Human Rights Code Amendment Act, 2017, was introduced to Parliament.Bill 164 is a Private Member’s Bill brought by Liberal MPP Nathalie Des Rosiers, which seeks to amend the Ontario Human Rights Code (the “Code”) to include immigration status, genetic characteristics, police records and social condition as prohibited grounds of discrimination. Human Rights Code. If you believe you have been discriminated against because of your language or accent, you can make a human rights claim based on a number of grounds, such as ancestry, ethnic origin, place of origin and race. [13] For more detailed information, please see the Commission’s Policy on drug and alcohol testing (2000) and Human Rights at Work (2008). 1 INTRODUCTION The Human Rights Code contains protection for all employees against discrimination because of a number of enumerated grounds. about What do I do if I’m being sexually harassed? The right to “equal treatment with respect to employment” covers applying for a job, being recruited, training, transfers, promotions, terms of apprenticeship, dismissal and layoffs. about OHRC submission to the Office of the Independent Police Review Director’s systemic review of OPP practices for DNA sampling, about Preventing discrimination based on mental health and addiction disabilities : An overview for employers (brochure). is reasonably necessary to accomplish its purpose or goal, in the sense that the person cannot be accommodated without undue hardship. Employers cannot come to an agreement with a union or an employee that some or all of the Code does not apply to them. If you are a member of a union, you may have the right to file a grievance under your collective agreement. Employers and unions have a joint duty to make sure that workplaces are free of discrimination and harassment. 2020, c. 17 current statute October 1, 2020 – (e-Laws currency date) Supply Chain Management Act (Government, Broader Public Sector and Health Sector Entities), 2019, S.O. This could be discrimination because of place of origin. Under the Act, Canadians are protected from discrimination when they are employed or receive services from: The Ontario Human Rights Commission (OHRC) makes this submission in accordance with its mandate to promote and advance human rights under Ontario’s Human Rights Code. To establish discrimination under Ontario’s Human Rights Code, a claimant must show that: they have a characteristic protected by the Code (e.g. OHRC and HRPA webinar on preventing sexual harassment at work - July 7, 2015, Summary: HRTO Decision in Swain v. MBM Intellectual Property Law LLP, OHRC letter to Minister Flynn about the Ministry of Labour changing workplace review, OHRC submission to Ministry of Labour Changing workplace review, OHRC policy position on sexualized and gender-specific dress codes, Sexual harassment & sex discrimination at work, Summary for the revised Policy on drug and alcohol testing. The Code is applicable to all areas of employment. June 2014 - Mental health issues and addictions are “disabilities” that are protected under the Code. In Ontario, about three-quarters of all human rights claims come from the workplace. Most employers in Ontario must follow the Ontario Human Rights Code. Ontario employers are governed by the Ontario Human Rights Code (the “Code”). The three rights mentioned are explained in this brochure. Provide human rights training Make human rights training available for your leadership, managers and employees. The Code enumerates certain basic freedoms in relation to services, goods, facilities, accommodation, and employment. From: OHRC policy position on sexualized and gender-specific dress codes. This page lists all the information available on our website about this topic. Acadia University v Acadia University Faculty Association, 2019 CanLII 47957. This ensures that the Ontario province is compliant with the legislative requirements under the employment standards Act, the accessibility to recruitment and selection for the Ontarians with disability under the Occupational Health & the safety Act. This is specifically prohibited in section 23 (4) of the Code. Consolidation Period: From October 8, 2020 to the e-Laws currency date. For example, the Code protects people who have anxiety disorders, panic attacks, post-traumatic stress disorder (PTSD), depression, schizophrenia, bipolar disorder, or addictions to alcohol or drugs, just to name a few. This regulation has been amended, extending the COVID-19 period to January 2, 2021. The right to refuse work for health and safety reasons The Human Rights Code or the Code is the law protecting all people in Ontario from discrimination and harassment in the areas of employment; housing; goods, services and facilities; contracts; and, membership in trade and vocational associations. the Human Rights Legal Support Centre; the Ontario Human Rights Commission; Each agency of government is in place to prevent discrimination and to promote and advance human rights in Ontario. In Ontario, employers are bound by certain legislation including, but not limited to, the Employment Standard Act, the Ontario Human Rights Code, the Ontario Occupational Health and Safety Act and Regulations, a collective bargaining agreement if applicable, and any other employment contracts in force. The Human Rights Code is a statute in the Canadian province of Ontario that guarantees equality before the law and prohibits discrimination in specific social areas such as housing or employment. This summary contains some of the important points employers should be aware of in the interim. The updated policy will be available before the end of the year. The Ontario Human Rights Commission, which is an arm’s length governmental body tasked with preventing discrimination through public policy, but is not a decision maker, stated on March 13, 2020 that the Human Rights Code ground of “disability” is in fact engaged in relation to COVID-19 because it carries “significant social stigma”. For example, an employer asks an agency to send them a young, attractive woman for a receptionist position. For example, an employer refuses to hire a person from Spain as a school bus driver because he does not speak fluent English. The Ontario Human Rights Code is a provincial law applicable to all areas of employment. [10] For more information about creed and employment, please see the Commission’s Creed Case Law Review at www.ohrc.on.ca/en/creed-case-law-review (2012), and the Commission’s Policy on creed and the accommodation of religious observances (1996). Employer does not … The Canadian Human Rights Act applies to workplaces that fall within federal legislative authority.More… The Employment Standards Act is an Ontario law that sets out certain minimum rights to which employees are entitled in the workplace.More… The Labour Relations Act covers unionized workplaces. 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. April 2014 - The Ontario Human Rights Commission (OHRC) is troubled by allegations that the Ontario Provincial Police (OPP) engaged in racial profiling when requesting DNA samples from approximately 100 “Indo and Afro-Caribbean” male migrant workers near Vienna, Ontario as part of a sexual assault investigation in October and November 2013. The United Nations’ Declaration of the Elimination of Violence Against Women specifically recognizes that sexual harassment is a form of violence against women. Preamble. Religious needs can relate to dress, time for prayer and flexible hours or time off for special days. Check with your shop steward or representative. Employees can raise concerns and make reports without fear of reprisal. A person does not have to be a Canadian Citizen to be protected by the Code. [8] For more information, please see the Commission’s Policy and Guidelines on Disability and the Duty to Accommodate (2001). What do I do if I’m being sexually harassed? It also covers rate of pay, overtime, hours of work, holidays, benefits, shift work, discipline and performance evaluations. This would be discrimination based on age and sex. [14] See Lombardi v. Watson Enterprises, (2012) HRTO 1675 (CanLII), [15] See the Ministry of Labour’s website for more information at www.labour.gov.on.ca/english/hs/topics/workplaceviolence.php, was adopted for a purpose or goal that is rationally connected to the function being performed, was adopted in good faith, in the belief that it is needed to fulfill the purpose or goal. In Ontario, the Human Rights Code (the “Code“) contains provisions for protecting employees from discrimination and harassment in the workplace. September 18, 2015 - The Ontario government is consulting on the changing nature of the modern workplace and considering how the Employment Standards Act and the Labour Relations Act could be amended to best protect workers, especially historically under-represented groups. Extension of the COVID-19 period In response to the COVID-19 pandemic, the Ontario government made a regulation that changed certain Employment Standards Act (ESA) rules during the “COVID-19 period”. [14] Harassment in the workplace is also prohibited under the Occupational Health and Safety Act.[15]. Person has the right to freedom from discrimination in the workplace because of age and contribute to physical emotional. Receptionist position do if I’m being sexually harassed likely be found discriminatory sexually. 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