Human Rights & Discrimination Claims
In Ontario, it is against the law for an employer to discriminate against an employee or candidate for employment based on gender, sexual orientation, ethnic origin, or similar factors. While most employers do not actively set out to discriminate against their employees, or candidates they are considering for employment, they can be subject to human rights complaints or discrimination claims from individuals who feel they were mistreated. Human rights complaints and discrimination claims can be complicated, and can become quite emotional. It is crucial to receive legal advice early in the process if you have had a claim filed against you in order to ensure you understand your rights and protect yourself.
The employment lawyers at Rousseau Mazzuca LLP provide unparalleled legal representation in human rights and discrimination claims. Our lawyers are knowledgeable and experienced, and tough and assertive when necessary. We have many years of experience defending business owners, managers, supervisors, and other workplace parties during human rights disputes. Our priority is to guide clients through the human rights system while defending their actions and protecting their rights.
DISCRIMINATION IN THE WORKPLACE
Discrimination occurs when an individual is treated differently because of a protected personal characteristic. Under the Ontario Human Rights Code, employers are prohibited from discriminating against employees or prospective employees. In addition, as with harassment, employers also carry the main responsibility of taking reasonable steps to keep the workplace is free from discrimination.
Discrimination can be overt, such as firing someone because of their religion, or it can be subtler, for example, not hiring an older candidate because of the assumption that they are not familiar with computers and other technology.
If an employee discriminates against another employee, the employer can sometimes be liable for their actions, and found to be responsible even if the employer did not know about that employee’s actions. An employer can also be found liable for the actions of third parties coming into the workplace such as customers or clients. An employer can even be found liable for actions of its employees that take place outside of the workplace or outside of regular working hours. This liability can carry significant financial penalties.
PROTECTED GROUNDS
Under the Ontario Human Rights Code, it is illegal to discriminate against someone in the workplace on the basis of their:
citizenship
race
place of origin
ethnic origin
colour
ancestry
disability
age
creed
sex / pregnancy
gender identity
gender expression
family status
marital status
sexual orientation
record of offences
Discrimination Claims
While discrimination certainly occurs, many employees are quick to claim that discrimination is behind every poor performance review or termination. If an internal complaint is made, we can help you investigate it, while also seeking to prevent escalation. If a claim is made in the courts or to a human rights tribunal, we can help you dispassionately assess the risks, and firmly and fearlessly advocate on your behalf.
