A human rights violation at work in Ontario may occur when an employee or job applicant experiences discrimination, harassment, or unequal treatment connected to a characteristic protected under the Ontario Human Rights Code. These protections apply to decisions involving hiring, compensation, promotions, workplace accommodations, discipline, and termination.
Not every unfair workplace decision is a human rights violation. However, conduct does not have to be intentional or openly discriminatory to raise legal concerns. For employees, understanding the difference is important before filing a complaint, resigning, or accepting a termination package. For employers, recognizing potential discrimination early can help prevent workplace disputes from becoming more serious.
What Is a Human Rights Violation at Work in Ontario?
A workplace human rights violation occurs when conduct or a decision infringes a person’s rights under the Ontario Human Rights Code. The Code protects people against discrimination in employment based on characteristics including:
- Race, ancestry, colour, ethnic origin, place of origin, and citizenship
- Creed, including protected religious beliefs and practices
- Sex, including pregnancy
- Sexual orientation, gender identity, and gender expression
- Age
- Disability
- Marital status and family status
- Record of offences, as specifically defined under the Code
These protections extend beyond existing employees. They can also apply during recruitment, interviews, hiring, and other stages of the employment relationship. For example, an employer generally cannot refuse to hire an otherwise qualified candidate because of their pregnancy or deny someone an opportunity based on discriminatory assumptions about their disability.
The central question is whether a protected characteristic was a factor in the treatment or decision. A person’s race, disability, sex, or another protected characteristic does not need to be the only reason for a decision to raise a human rights concern.
What Are Common Examples of Human Rights Violations in the Workplace?
Workplace discrimination is not always obvious. Sometimes it involves direct comments or decisions. Other times, it appears through policies or practices that disadvantage certain employees. The following examples illustrate situations that may raise concerns under Ontario human rights law.
| Workplace situation | Why it may raise a human rights concern |
| A qualified employee is denied a promotion because of their age. | Age-based assumptions may amount to discrimination. |
| An employee is repeatedly subjected to racist jokes or offensive remarks. | Harassment connected to race or another protected ground may violate the Code. |
| An employer dismisses an accommodation request without properly considering the employee’s disability-related needs. | The employer may have failed to meet its duty to accommodate. |
| A pregnant employee is removed from responsibilities because of assumptions about their capabilities. | Pregnancy-related discrimination is protected against under the Code. |
| A workplace scheduling rule prevents an employee from observing a religious practice, and accommodation is not properly considered. | A seemingly neutral rule may create discriminatory effects. |
| An employee is threatened with termination after raising a human rights complaint. | Retaliation for asserting rights under the Code may constitute reprisal. |
These examples do not automatically establish that a violation occurred. The surrounding facts, employer’s explanation, applicable legal obligations, and available evidence all matter. A legitimate workplace decision can sometimes appear discriminatory, while a decision presented as ordinary business practice may have a discriminatory effect.
That is why workplace human rights concerns should be assessed carefully rather than based on assumptions alone.
Is Workplace Harassment Always a Human Rights Violation?
No. Workplace harassment and human rights discrimination can overlap, but they are not identical. Under the Ontario Human Rights Code, harassment generally involves unwelcome conduct connected to a protected ground, such as race, disability, creed, or sex. The Code also contains specific protections addressing sexual harassment and sexual advances in employment.
For example, repeatedly mocking an employee’s religious beliefs may raise a human rights concern. However, not every instance of workplace bullying, rude behaviour, or conflict between colleagues necessarily violates the Human Rights Code.
Ontario’s Occupational Health and Safety Act also addresses workplace harassment, including conduct that may not involve a protected human rights ground. This means an employer may still have responsibilities to address inappropriate workplace behaviour even when the circumstances do not support a human rights claim.
For employees, the distinction matters because different concerns may require different reporting or legal processes. For employers, it means a complaint should not be dismissed simply because it does not appear to involve discrimination.
Rogers & Company explains the investigation process in greater detail in its guide to workplace investigations in Ontario, including employee rights, timelines, and confidentiality.
Can an Employer Discriminate Without Intending To?
Yes. Workplace discrimination does not always involve an employer deliberately treating someone unfairly. A policy may appear neutral but have a negative impact on employees who share a protected characteristic. This is commonly referred to as adverse-effect discrimination.
For example, a workplace may introduce a scheduling policy that applies equally to everyone but creates barriers for employees with certain disability needs or protected religious obligations. The fact that the policy applies to every employee does not automatically make it legally acceptable.
Employers may need to consider whether the requirement can be adjusted without causing undue hardship. Applicable exceptions, essential job requirements, and the specific circumstances must also be considered. This is particularly relevant when organizations introduce new attendance policies, scheduling requirements, performance standards, or return-to-office expectations. A consistent workplace policy is important, but consistency alone does not guarantee compliance with human rights law.
What Is an Employer’s Duty to Accommodate in Ontario?
Ontario employers have a legal duty to accommodate needs connected to protected human rights grounds, up to the point of undue hardship. Accommodation is particularly important in situations involving disability, pregnancy, creed, and certain family status responsibilities.
Depending on the circumstances, accommodation might involve:
- Adjusting work schedules or break times
- Modifying certain job duties
- Providing accessible equipment or workspaces
- Considering alternative work arrangements
- Adjusting workplace policies to remove barriers
- Exploring an appropriate return-to-work arrangement
Accommodation must be assessed individually. Employers are expected to consider an employee’s circumstances and possible solutions rather than automatically rejecting requests because they are inconvenient.
However, an employer is not necessarily required to provide the exact accommodation preferred by the employee. The goal is an appropriate accommodation that meets the relevant need, subject to the legal limits of the duty.
What Counts as Undue Hardship?
Under Ontario’s Human Rights Code, only three considerations are relevant to determining undue hardship:
- Cost
- Outside sources of funding, if any
- Health and safety requirements, if any
Ordinary inconvenience, coworker preferences, or administrative challenges do not automatically establish undue hardship. Employees also have responsibilities in the accommodation process, including cooperating with reasonable requests for information about their needs.
For disability related accommodation, employers may require appropriate supporting information about functional limitations and workplace requirements. They generally should not request unnecessary confidential medical details.
Accommodation is a collaborative process, not simply a request that an employer can accept or reject without consideration.
What Should You Do If You Believe Your Human Rights Have Been Violated at Work?
If you believe you have experienced workplace discrimination, harassment, or retaliation, the first step is to understand what happened and preserve the information needed to assess it.
1. Document the incidents
Record important details while they are fresh. Include dates, conversations, emails, decisions, relevant policies, and the names of people involved. If multiple incidents occurred, prepare a timeline showing how the situation developed.
2. Identify the potential human rights concern
Consider whether the treatment may be connected to a protected characteristic, an accommodation request, or an attempt to exercise your human rights. This helps distinguish a possible human rights violation from a general workplace disagreement.
3. Review your employer’s reporting procedures
Many employers have policies addressing discrimination, harassment, and accommodation requests. Depending on the circumstances, it may be appropriate to raise the concern with human resources, a designated workplace contact, or another reporting channel.
If the complaint involves a manager or senior employee, consider whether an alternative reporting process is available.
4. Preserve relevant evidence
Keep copies of documents and communications you are entitled to retain. Do not alter records, access confidential information without authorization, or remove employer documents that you are not permitted to possess. A clear record of what happened can be more useful than a large collection of unrelated material.
5. Avoid making irreversible decisions too quickly
Resigning, signing a release, or accepting a settlement without understanding your options can have significant consequences.
In some situations, serious workplace conduct may also raise concerns about constructive dismissal. However, harassment or discrimination does not automatically establish constructive dismissal. The legal assessment depends on the nature and severity of the conduct and the surrounding employment relationship.
Our guide to constructive dismissal in Ontario explains when workplace conditions may raise additional employment-law concerns.
6. Get legal advice before deadlines become an issue
Human rights claims can involve employment contracts, workplace investigations, accommodation obligations, and several possible legal processes. An employment lawyer can help assess whether the circumstances support a human rights claim, what remedies may be available, and which steps are appropriate.
Rogers & Company provides employment law services for employees and employers dealing with workplace harassment, human rights concerns, dismissal, and other employment disputes.
How Do You File a Human Rights Complaint in Ontario?
For most provincially regulated Ontario workplaces, claims under the Human Rights Code are brought before the Human Rights Tribunal of Ontario (HRTO). The tribunal considers applications involving discrimination, harassment, and reprisal that fall within its jurisdiction.
An individual generally begins the process by filing an application describing the alleged violation, its connection to a protected ground, the relevant facts, and the remedy requested.
How Long Do You Have to File?
An application to the HRTO generally must be filed within one year of the alleged discrimination. If the discrimination involved a connected series of incidents, the one year period generally runs from the last incident in that series.
Late applications may be accepted in limited circumstances when the tribunal is satisfied that the delay occurred in good faith and that accepting the application would not substantially prejudice another party. This should not be relied upon as an extension.
Importantly, raising an internal workplace complaint does not automatically extend the HRTO filing deadline. Human rights concerns may also overlap with civil lawsuits, union grievances, or proceedings before other tribunals. Some overlapping claims cannot proceed simultaneously, so choosing the appropriate process matters.
Ontario’s Human Rights Legal Support Centre offers assistance to people with matters under the Code. Legal advice can also help determine whether a tribunal application, negotiation, or another approach is appropriate.
What Compensation or Remedies Are Available for Human Rights Violations?
If the HRTO finds that a violation occurred, it may order remedies intended to address the harm and prevent similar conduct. Depending on the circumstances, these may include:
- Compensation for lost wages or other financial losses caused by discrimination
- Monetary compensation for injury to dignity, feelings, and self-respect
- Non-monetary remedies addressing the individual’s circumstances
- Orders requiring changes to workplace policies, practices, or training
There is no standard payout for a human rights violation. The remedy depends on the evidence, the impact on the person, the legal findings, and the tribunal’s assessment. Filing an application also does not guarantee compensation or a particular outcome.
What Should Employers Do When a Human Rights Concern Is Raised?
Employers should take potential human rights violations seriously, even where the facts are disputed or the concern has not been raised through a formal complaint. The appropriate response depends on the allegations.
It may involve reviewing an accommodation request, assessing a workplace policy, addressing inappropriate conduct, or conducting an impartial investigation. The response should be timely, properly documented, and appropriate to the circumstances. Employers must also be mindful of reprisal concerns when employees exercise their rights or participate in a human rights process. When allegations are serious or involve senior employees, an external investigation may help address concerns about independence and procedural fairness.
Rogers & Company provides workplace investigation services for organizations dealing with discrimination, harassment, misconduct, and other sensitive complaints.
Employers often fail to take appropriate steps to investigate and appropriately determine whether accommodations can be provided to an employee. In failing to take these steps an employer can be seen to have violated an employee’s human rights by failing to meet its procedural obligations under the Human Rights Code. Once an accommodation request is made, the employer should seek legal advice related to how to comply with its procedural obligations unless it has an HR team that is practiced in dealing with such requests. – Ethan M. Rogers
Frequently Asked Questions
Do Human Rights Protections Apply to Job Applicants?
Yes. Ontario’s Human Rights Code protects against discrimination during recruitment and hiring, not only after someone becomes an employee. Interview questions, screening criteria, and hiring decisions may raise concerns when they involve protected grounds.
Are Human Rights Violations Handled the Same Way Across Canada?
No. Human rights violations in Canada are governed by different federal, provincial, and territorial laws depending on the circumstances.
For example, federally regulated workplaces, including banks, airlines, and certain telecommunications and interprovincial transportation businesses, generally fall under the Canadian Human Rights Act rather than Ontario’s Human Rights Code. The appropriate legal process depends on which law governs the workplace.
Concerned About a Human Rights Violation at Work?
Rogers & Company advises employees and employers on human rights concerns, workplace harassment, accommodation, and related employment disputes across Oakville, Halton, Peel, Niagara, and the GTA.
If you are unsure whether a workplace situation may involve a human rights violation, contact Rogers & Company to discuss your circumstances and the next steps available.