What if a client is being discriminated against at work?

General Rule: Employers have a responsibility to create a safe workplace and to take steps to make sure their employees aren’t discriminated against, according to Ontario’s Human Rights Code. This general rule will apply to most workplaces in Ontario.

Defining Discrimination

Discrimination means the unequal or different treatment of someone that causes harm and that is based on a reason protected under the law. These reasons are known as “protected grounds”. The harm that is caused is not always clear. It can include things like loss of employment but also other issues like dignity, anxiety, or depression.

The grounds protected against discrimination include:

• Record of offences
• Disability, including mental illness and addiction
• Race, colour, ancestry, ethnic origin, citizenship, or where someone was born
• Religious beliefs
• Age, marital status, or family status
• Sex, sexual orientation, gender identity or gender expression

Discrimination can happen if an employer refuses to hire someone, treats someone unfairly or fires them because of any of these personal characteristics.

Some examples of what discrimination can look like include:

• Someone not being hired because of offences that were record suspended or pardoned
• Someone being fired because of their religious practices
• Someone not being hired because of their race
• Someone being unable to access their workspace due to a physical disability

Employers are required to make accommodations, where possible, to make things fair for all of their employees. This is known as the “duty to accommodate”. This means that employers have to make changes to the workplace or the work conditions to decrease the effects of discrimination on the worker without causing themselves excessive hardship, a high standard to meet (e.g., costs associated with the accommodation are too significant, the employer not being able to access outside sources of funding to help pay for the accommodation, and health & safety risks).

Some examples of accommodations include:

• Allowing a leave of absence for treatment for an addiction to drugs or alcohol
• Providing greater flexibility in work hours or breaks to fulfill childcare responsibilities
• Allowing an employee to not work certain holidays
• Providing different software or work equipment 

Where employers don’t make reasonable accommodations, the employee might be able to make a claim to the Human Rights Tribunal. If the claim is successful, the employer might have to change their practices or pay the employee money. 

• Claims to the Human Rights Tribunal must be made within one year of the date of discrimination. 
• If your client misses the deadline, they can still apply but will need to explain why they are late. The Tribunal rarely accepts late applications. 

How You Can Help:

• Step 1: If your client is unsure whether they are experiencing discrimination, they can use the Human Rights Legal Support Centre’s online tool or contact the Centre directly for free legal advice and information. If they have a disability and are concerned about discrimination at work, point them to additional information on that issue or remind them to bring this up when they speak with a legal service provider.
• Step 2: If your client believes they are being discriminated against at work, suggest they speak with their employer (or union representative where applicable) about the situation, if they feel comfortable doing so. If they require an accommodation, they should speak with their employer or union representative, and they should also make this request in writing. Tell your client that they will need to cooperate with their employer to agree on what a reasonable accommodation would be.
• Step 3: Tell your client to make notes during any discussions about the issue or help them write things down after the conversation. You should also remind them to keep copies of any paperwork, including emails or texts, that they have with their employer or union representative about this.
• Step 4: If the employer refuses to accommodate them, make sure your client finds out the reason. They might be able to dispute this, but they should get legal advice before starting any legal action. Help them call the Human Rights Legal Support Centre hotline, contact a specialty legal clinic or refer them to their local legal clinic (if the clinic provides services in this area of law).
• Step 5: If your client would like to make a claim to the Human Rights Tribunal, make sure they file the claim within one year of the date they were discriminated against. For additional information on the process of filing a claim, help your client review the Tribunal’s resources. You can help them file their claim online by writing down what they say and helping them organize their documents.