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. [6] For more detailed information, see the OHRC’s publication, Human Rights at Work (2008). The Human Rights Tribunal of Ontario deals with claims against these employers. You have the right to be free from humiliating or annoying behaviour that is based on one or more Code grounds. Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. This means that older persons, who feel that they have discriminated against based on their age, may file a human rights claim. The Occupational Health and Safety Act has regulations related to workplace violence and harassment. You have the right to employment that respects your sincerely held beliefs and practices. 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as “ (a) an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or (b) an offence in respect of any provincial enactment”. [8] For more information, please see the Commission’s Policy and Guidelines on Disability and the Duty to Accommodate (2001). The Code enumerates certain basic freedoms in relation to services, goods, facilities, accommodation, and employment. The Code is applicable to all areas of employment. Employment and Social Development Canada's Labour Program created a brochure, Pamphlet 1 – Summary Health and Safety, which contains general information on the Code, Part II. Check with your shop steward or representative. 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. [14] Harassment in the workplace is also prohibited under the Occupational Health and Safety Act.[15]. Drug and alcohol dependencies, as well as perceived dependencies, may be considered a form of disability under the Code. In Ontario, awards of damages for injury to dignity, feelings and self-respect are not limited to the Ontario Human Rights Tribunal (the "HRTO") however. 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.). An employer cannot use an employment agency to hire people based on preferences related to race, sex, disability or other Code grounds. 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. Human rights applications can be filed against employers – and also against contractors, unions or boards of directors. is reasonably necessary to accomplish its purpose or goal, in the sense that the person cannot be accommodated without undue hardship. 2019, c. 15, Sched. Preamble. Employees, independent contractors[7] and volunteers are covered. Employees can raise concerns and make reports without fear of reprisal. This page lists all the information available on our website about this topic. 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 could be discrimination because of place of origin. An employer cannot use language or accent as a way to screen out racialized people or people of particular ethnic origins where language fluency is not essential to the job. Employer does not … If you are a member of a union, you may have the right to file a grievance under your collective agreement. Employment is used in a very general way in the Code. Does the Ontario Human Rights Code prevent any type of criminal record discrimination? race) they experienced adverse treatment/impact within a social area (for example, in accessing a service, housing or employment) It also covers rate of pay, overtime, hours of work, holidays, benefits, shift work, discipline and performance evaluations. [12] Further information can be obtained in the Commission’s Policy on discrimination and language (1996). March 8, 2016 - Some Ontario employers require female employees to dress in a sexualized or gender-specific way at work, such as expecting women to wear high heels, short skirts, tight clothing or low-cut tops. Ontario employers are governed by the Ontario Human Rights Code (the “Code”). Personal Access Code (PAC) problems or EI Access Code (AC) problems; The right to refuse work for health and safety reasons 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. Employers do not avoid their obligations to employees under theHuman Rights Code by offering "generous" severance packages upon termination. There is no age maximum on the right to freedom from discrimination in the workplace because of age. Employers and unions have a joint duty to make sure that workplaces are free of discrimination and harassment. If an employer cannot show that it has an effect on job safety and performance, drug and alcohol testing has been found to be a violation of employee rights. When comments or conduct of this kind have an influence on others and how they are treated, this is known as a “poisoned environment.” A poisoned environment cannot, however, be based only on your personal views. about What do I do if I’m being sexually harassed? 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. [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). Acadia University v Acadia University Faculty Association, 2019 CanLII 47957. Consolidation Period: From October 8, 2020 to the e-Laws currency date. Human Rights Code. The Act prohibits discrimination based upon physical or mental disability. You may be asked during an interview whether you are bondable, if that is a requirement for the job. 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. Inq.). 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