Human Rights

Written By louise lu

In Ontario, it is against the law for an employer to discriminate against an employee or candidate based on their personal characteristics, such as gender, sexual orientation, ethnic origin, or similar.


The employment lawyers at Rousseau Mazzuca LLP in Toronto provide unparalleled legal representation in human rights claims. We have many years of experience advising employees in various industries during human rights disputes. Our priority is to guide clients through the human rights system while assertively protecting their rights.

HUMAN RIGHTS IN THE WORKPLACE


Canada’s human rights laws provide that every employee (or job applicant) has a right to equal treatment in employment without discrimination based on any of the following characteristics:

  • Race

  • Ancestry

  • Place of origin

  • Colour

  • Ethnic origin

  • Citizenship

  • Creed

  • Sex (including pregnancy)

  • Sexual orientation

  • Gender identity

  • Gender expression

  • Age

  • Record of offenses

  • Marital status

  • Family status

  • Disability

For most employees, these protections are contained in the Ontario Human Rights Code.  The Canadian Human Rights Act provides similar protections to employees working in federally regulated businesses, such as banks, airlines, and telecommunications.

An employee’s human rights could be violated by an employer policy, such as a requirement that all employees retire at age 65. Employers could also take action against a specific employee, motivated in whole or in part by discrimination, for example – firing an employee who is 67 because she is “too old”.

In many cases, the employer does not actually say anything discriminatory. That is not, however, the end of the story. Discrimination can also be concluded based on the surrounding circumstances. For example, firing an employee shortly after she announces she is pregnant could lead to a conclusion that the firing was discriminatory.

An employee whose human rights have been violated is entitled to compensation both for economic losses (such as lost wages) and for any mental suffering or injury to the employee’s dignity.

louise lu
Previous

Assisting Employees With Employment Contracts

Next

Independent Contractor vs. Employee