- October 15, 2025
- Posted by: admin
- Category: Employment Law
Understanding Workplace Discrimination in Ontario
Workplace discrimination in Ontario affects many employees, often in subtle or systemic ways. Recognising it early is essential to protecting your rights and maintaining a fair and respectful workplace. Under the Ontario Human Rights Code, everyone has the right to equal treatment and freedom from discrimination in employment.
Discrimination occurs when someone is treated unfairly or denied opportunities based on personal characteristics that are legally protected. These protections are known as “protected grounds”, and every employer has an obligation to uphold them. At Nadi Law, we help employees and employers understand these legal protections under the Ontario Human Rights Code to ensure fairness and compliance in every workplace.
Protected Grounds Under the Ontario Human Rights Code
The Ontario Human Rights Code defines several protected grounds to safeguard employees. These include:
- Race, ancestry, and ethnic origin
- Place of origin and citizenship
- Creed or religion
- Sex, sexual orientation, gender identity, or expression
- Age, marital or family status
- Disability (mental or physical)
- Record of offences
For example, if an employee is denied promotion because of age, gender identity, or disability, that would be considered discrimination under Ontario law. Recognising these protected areas is the first step in addressing unfair treatment.
Forms of Workplace Discrimination
Discrimination can take many forms in Ontario workplaces. Some are direct, while others are subtle or systemic. Understanding these distinctions helps you identify when your rights are being violated.
Direct discrimination occurs when an employer makes a decision explicitly based on a protected ground, such as refusing to hire someone because of their religion.
Indirect or systemic discrimination happens when workplace harassment policies or practices disadvantage certain groups, even if unintentionally. For instance, a uniform policy that does not accommodate religious dress could be discriminatory.
Harassment is another form of discrimination and includes unwanted comments, jokes, or behaviours related to a protected ground. Persistent negative treatment or exclusion may also amount to harassment.
Recognising the Signs of Discrimination
Workplace discrimination often goes unnoticed because it develops gradually. Look for consistent patterns, such as:
- Unequal pay or promotion opportunities
- Exclusion from meetings or decision-making processes
- Offensive remarks or “jokes” about personal characteristics
- Unexplained changes to job duties or work hours
- Retaliation after raising a concern
Documenting these incidents is vital, especially if the behaviour continues despite informal attempts to resolve it.
Employer Obligations Ontario
Every employer in Ontario has a legal duty to provide a workplace that is free from discrimination and harassment. This duty includes:
- Implementing clear anti-discrimination and harassment policies
- Providing regular training on equity and inclusion
- Taking all complaints seriously and investigating promptly
- Protecting employees from retaliation for raising concerns
Failure to meet these obligations can lead to legal consequences under the Human Rights Violations Code and may require the employer to compensate the affected employee.
What to Do If You Experience Workplace Discrimination
If you believe you are facing workplace discrimination in Ontario, it is important to act carefully and promptly.
- Document everything. Keep records of emails, messages, and incidents, including dates and names of individuals involved.
- Report internally. Approach your HR department or a trusted manager and submit a formal complaint following company procedures.
- Seek advice. If the issue is not resolved, you may contact the Human Rights Legal Support Centre (HRLSC) for free legal assistance and guidance.
- Consider filing a complaint. The Human Rights Tribunal of Ontario (HRTO) handles claims related to discrimination and can order remedies, such as compensation or reinstatement.
Filing a Complaint with the Human Rights Tribunal of Ontario
Filing a human rights complaint is a structured process designed to ensure fairness for both the complainant and the employer.
- Step 1: Submit an application to the HRTO, outlining details of the discrimination.
- Step 2: The employer is notified and must respond.
- Step 3: The HRTO may offer mediation to resolve the issue before a hearing.
- Step 4: If mediation fails, a hearing is scheduled where evidence is reviewed.
- Step 5: The Tribunal makes a decision and, if discrimination is proven, may order compensation or corrective action.
Complaints must generally be filed within one year of the discriminatory act.
For more details, visit the Human Rights Tribunal of Ontario website.
Preventing Workplace Discrimination
Prevention is the most effective way to create a respectful and inclusive workplace. Both employers and employees have roles to play:
Employers should:
- Develop inclusive hiring and promotion practices
- Encourage open communication and feedback
- Conduct diversity and sensitivity training
Employees can:
- Report inappropriate behaviour promptly
- Support colleagues who may face discrimination
- Promote respect and fairness in team interactions
An inclusive culture not only protects legal rights but also improves employee morale and productivity.
Resources and Support in Ontario
If you need help understanding or reporting workplace discrimination, several organisations can assist:
- Ontario Human Rights Commission (OHRC) – Provides guidance on rights and obligations.
- Human Rights Legal Support Centre (HRLSC) – Offers free legal advice and support for filing complaints.
- Human Rights Tribunal of Ontario (HRTO) – Handles discrimination and harassment cases.
- Legal Aid Ontario – Assists with legal representation for eligible individuals.
Conclusion
Recognising and addressing workplace discrimination in Ontario is not only about protecting personal rights but also ensuring fairness and equality for everyone in the workplace. By understanding the protected grounds in Ontario, identifying the signs, and taking action through proper legal channels, employees can help build safer and more inclusive workplaces.
If you believe you are experiencing discrimination at work, do not hesitate to seek advice or take formal steps. Equal treatment at work and respect are your rights under Ontario law.
For confidential legal advice or to discuss your situation with an experienced employment lawyer, contact Nadi Law today. Our team is here to help you protect your rights and move forward with confidence.
FAQs
1. What qualifies as workplace discrimination in Ontario?
Workplace discrimination occurs when an employee is treated unfairly due to personal characteristics protected by the Ontario Human Rights Code, such as race, gender, or disability.
2. Can I be fired for filing a discrimination complaint?
No. Retaliation for filing a complaint is itself a violation of the Human Rights Code. Employers must protect employees who come forward.
3. How long do I have to file a discrimination complaint?
In Ontario, you typically have one year from the date of the incident to file a complaint with the HRTO.
4. What evidence do I need to support my claim?
Keep detailed notes, communications, and witness statements showing a pattern of discriminatory treatment.
5. Where can I find legal advice about workplace discrimination?
You can contact the Human Rights Legal Support Centre (HRLSC) or a qualified employment lawyer for confidential advice.