Being treated unfairly at work because of who you are, your race, your religion, your disability, your age, your family status, or any number of other personal characteristics, is not just wrong. In Ontario, it is illegal. The Ontario Human Rights Code is one of the oldest and most comprehensive human rights laws in Canada, and it applies to virtually every workplace in the province, protecting employees from discrimination and harassment based on a specific list of protected grounds.
Many people confuse workplace discrimination with wrongful dismissal, or assume that if they were not fired, they have no legal recourse for how they have been treated. Neither is correct. Discrimination and harassment can occur without any termination at all, in the form of unequal treatment, a hostile work environment, or a failure to accommodate a disability or family obligation. And even where a dismissal is involved, a human rights claim is a distinct legal path from a wrongful dismissal claim, with its own process, its own remedies, and its own tribunal.
This guide explains what counts as discrimination and harassment under the Ontario Human Rights Code, the protected grounds the law covers, the employer’s duty to accommodate, how the Human Rights Tribunal of Ontario process works, and how to find an employment lawyer in the GTA who speaks your language. This guide is a companion to our guide on wrongful dismissal in Ontario, which covers the separate question of what happens when a job ends.
The Ontario Human Rights Code: What It Protects
The Ontario Human Rights Code is quasi-constitutional legislation, meaning it takes precedence over most other Ontario laws where a conflict arises. It applies to employment, housing, services, and contracts, but employment is one of the areas where human rights complaints are most common. The Code prohibits discrimination and harassment based on a specific, defined list of protected grounds. If your treatment at work is connected to one of these grounds, you may have a human rights claim, separate and apart from any question about whether your dismissal was lawful.
The Protected Grounds
- Race, colour, ancestry, place of origin, ethnic origin, and citizenship
- Creed (religion)
- Sex, including pregnancy and breastfeeding
- Sexual orientation, gender identity, and gender expression
- Age (18 years and older in employment)
- Marital status and family status (including parental and caregiving responsibilities)
- Disability, including physical, mental health, and addiction-related disabilities
- Record of offences (in employment specifically, meaning a provincial offence record or a pardoned federal offence)
Importantly, the Code does not protect against unfair treatment in general. An employer can be difficult, disorganized, or even unpleasant to work for without violating the Human Rights Code, as long as the treatment is not connected to one of the protected grounds listed above. The question a human rights claim always turns on is whether the treatment you experienced was because of, or connected to, a protected characteristic.
What Counts as Discrimination
Discrimination under the Code can take many forms, and it is often more subtle than an explicit statement of bias. Direct discrimination involves an employer openly treating someone differently because of a protected ground, such as refusing to hire someone because of their religion, or paying someone less because of their sex. This kind of overt discrimination is relatively rare today, since most employers know it is illegal and avoid stating discriminatory reasons explicitly.
Adverse effect discrimination is more common and often less obvious. This occurs when a policy or requirement that appears neutral on its face has a disproportionate negative effect on people with a protected characteristic. For example, a strict no-exceptions attendance policy might seem neutral, but if it fails to account for a disability that requires periodic medical appointments, it can amount to discrimination even though it was not written with any discriminatory intent.
Discrimination can occur at any stage of employment: in hiring and recruitment, in the terms and conditions of employment (pay, hours, benefits, promotions), in how discipline is applied, and in how a termination is carried out. It does not require proof of malicious intent. The focus of a human rights analysis is on the effect of the conduct, not the employer’s state of mind.
Workplace Harassment
Harassment under the Human Rights Code is a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome, connected to a protected ground. This can include derogatory jokes or comments about a protected characteristic, unwanted sexual attention or comments (sexual harassment), exclusionary behaviour targeting someone because of their identity, and repeated hostile conduct connected to a protected ground.
A single, isolated incident can sometimes amount to harassment if it is sufficiently serious, but harassment claims often involve a pattern of conduct over time. A ‘poisoned work environment,’ where discriminatory or harassing conduct is severe or pervasive enough to affect the terms and conditions of employment generally, is itself a recognized form of discrimination, even if you were never personally the direct target of individual comments.
Employers have an obligation not just to refrain from harassing employees themselves, but to take reasonable steps to prevent and respond to harassment by others in the workplace, including co-workers, supervisors, clients, and customers. An employer who knows or ought to know about harassment and fails to take reasonable corrective action can be found liable, even if the harassing individual acted alone.
The Duty to Accommodate
One of the most significant and least understood aspects of the Human Rights Code is the employer’s duty to accommodate. Where an employee’s protected characteristic, most commonly a disability, but also religious practice, family status, or other grounds, creates a barrier to full participation in the workplace, the employer has a legal obligation to accommodate that need, up to the point of undue hardship.
What Accommodation Can Look Like
- Modified duties or a graduated return to work following an illness or injury.
- Adjusted schedules to accommodate religious observance or medical appointments.
- Physical workplace modifications for a physical disability.
- Time off or schedule flexibility for family caregiving obligations.
- Modified performance expectations during a period of accommodation, where appropriate.
Undue Hardship: The Limit on Accommodation
The duty to accommodate is not unlimited. An employer is only required to accommodate up to the point of undue hardship, generally assessed by reference to cost, and in Ontario specifically, outside health and safety requirements. The bar for undue hardship is high: an employer generally cannot refuse to accommodate simply because it is inconvenient, requires some effort, or costs some money. The employer must demonstrate that the accommodation would create a genuinely significant hardship, considering the size and resources of the organization.
Importantly, the duty to accommodate requires a genuine, individualized process. An employer cannot simply assume that accommodation is impossible without exploring the specific circumstances. Both the employer and the employee have a role in this process: the employee generally needs to provide enough information (such as appropriate medical documentation) for the employer to understand the accommodation need, and the employer needs to engage meaningfully in exploring options.
Reprisal: Retaliation for Raising a Concern
The Human Rights Code specifically prohibits reprisal, meaning retaliation against someone for asserting their rights under the Code, filing a human rights complaint, participating in someone else’s complaint as a witness, or even simply raising a concern about discrimination internally. Reprisal can include termination, demotion, reduced hours, negative performance reviews, or any other adverse treatment connected to the protected activity. A reprisal claim can succeed even if the underlying discrimination claim itself does not, because reprisal is treated as its own distinct violation of the Code.
Human Rights Claims vs Wrongful Dismissal Claims
It is important to understand that a human rights claim and a wrongful dismissal claim are legally distinct, even though the same set of facts can sometimes give rise to both. A wrongful dismissal claim, discussed in detail in our guide on wrongful dismissal in Ontario, is about whether you received adequate notice or pay in lieu of notice when your employment ended. It does not require any connection to a protected ground and can be pursued through the courts or, in unionized workplaces, through a grievance process.
A human rights claim, by contrast, is specifically about discrimination or harassment connected to a protected ground under the Code. It can be pursued whether or not your employment has ended, and it is heard by the Human Rights Tribunal of Ontario rather than the civil courts. It is entirely possible to have both claims arising from the same situation: for example, if you were terminated shortly after disclosing a disability and requesting accommodation, you might have both a wrongful dismissal claim (regarding notice) and a human rights claim (regarding whether the termination was connected to your disability and whether accommodation was properly considered).
Filing a Human Rights Claim: The Process
The Human Rights Tribunal of Ontario
Human rights claims relating to employment in Ontario are filed with the Human Rights Tribunal of Ontario (HRTO), an independent adjudicative tribunal, not a court. The process is designed to be more accessible than court litigation, and self-represented applicants are common, though having legal advice significantly improves the likelihood of a successful outcome given the specific legal tests involved.
The One-Year Limitation Period
An application to the HRTO must generally be filed within one year of the last incident of discrimination or harassment. This is a much shorter window than the general two-year limitation period that applies to most other civil claims in Ontario, and it catches many people off guard. If the discrimination or harassment was a continuing course of conduct, the one-year period generally runs from the last incident in that course of conduct, but do not rely on this without confirming your specific situation with a lawyer. If you believe you have experienced workplace discrimination, act promptly.
The Application Process
The process begins with filing an Application (Form 1) with the HRTO, describing the discrimination or harassment you experienced and the remedy you are seeking. The respondent (usually the employer) then files a Response. The Tribunal generally holds a mediation, which resolves a significant proportion of applications without a full hearing. If mediation does not resolve the matter, it proceeds to a hearing, where both sides present evidence and the Tribunal issues a decision.
Remedies Available Through a Human Rights Claim
If a human rights application succeeds, the Human Rights Tribunal of Ontario has broad remedial powers, including monetary compensation for injury to dignity, feelings, and self-respect (a category of damages specific to human rights claims and separate from lost wages), compensation for lost income or other financial losses caused by the discrimination, and orders requiring the employer to take specific steps, such as implementing anti-discrimination policies, providing training, or reinstating the applicant to their position in some cases.
The amount of compensation for injury to dignity varies considerably depending on the severity and duration of the discrimination, but has increased over recent years as the Tribunal has recognized more significant awards in serious cases. Unlike wrongful dismissal damages, which are primarily about replacing lost income during a reasonable notice period, human rights damages compensate for the harm of being discriminated against itself.
Discrimination Facing Newcomers and Immigrants
Newcomers to Canada and recent immigrants face particular vulnerability to workplace discrimination, including discrimination connected to place of origin, ethnic origin, citizenship, creed, or accent (which can be connected to ancestry or place of origin discrimination even though accent itself is not a listed ground). Common patterns include being passed over for promotion despite qualifications, being paid less than Canadian-born colleagues for the same work, facing hostile comments about accent or cultural background, or being subjected to unreasonable demands to “prove” credentials or experience that would not be questioned for a Canadian-trained employee.
Immigration status itself is not a listed protected ground under the Ontario Human Rights Code (unlike citizenship, which is listed), but discrimination connected to place of origin, ethnic origin, or ancestry often overlaps significantly with the experience of newcomers, and many claims by recent immigrants succeed on these related grounds. If you believe you have experienced this kind of treatment, an employment lawyer can help assess whether your specific situation fits within the Code’s protected grounds. For a broader understanding of your rights at work, see our guide on wrongful dismissal in Ontario.
Why an Employment Lawyer Who Speaks Your Language Matters
Discrimination and harassment claims often depend on precisely describing a pattern of conduct over time: specific comments, specific incidents, and the cumulative effect they had on you. Communicating these details fully, in the language in which you can express nuance and emotional impact most naturally, can materially affect the strength of your claim. For claims specifically connected to place of origin, ethnic origin, or ancestry, being able to describe the discriminatory conduct in your own words, without the added burden of translating culturally specific context into a second language, is particularly valuable.
An employment lawyer who speaks your language can help you document your experience, understand the strength of your claim under the specific legal tests involved, and represent you through the HRTO process or in settlement negotiations with your employer.
Our Language Guides explain the legal landscape for specific communities across the GTA, including Mandarin, Cantonese, Hindi, Punjabi, Tamil, Korean, Italian, Portuguese, Ukrainian, Russian, Farsi, Arabic, Spanish, and French. For a general guide on finding a multilingual lawyer, see our guide on how to find a multilingual lawyer in Toronto.
How to Find an Employment Lawyer in the GTA
Given the one-year limitation period for HRTO applications, acting promptly matters. Visit the main lawyers directory, filter by Employment Law and your language, and narrow by location. For advice on choosing a lawyer, see our guide on questions to ask before hiring a lawyer, and for what to expect at your first meeting, see our guide on the first legal consultation. For an explanation of legal fees, see our guide on how much a lawyer costs in Ontario and our guide on retainer agreements in Canada. Always confirm the lawyer is currently licensed by checking our verification process or the Law Society of Ontario’s public register. For those who cannot afford private legal fees, see our guides on Legal Aid Ontario and how to get legal advice in Ontario. The Human Rights Legal Support Centre also provides free assistance specifically for human rights applications to individuals who qualify.
Frequently Asked Questions
What is the difference between a human rights claim and a wrongful dismissal claim in Ontario?
A wrongful dismissal claim is about whether you received adequate notice or pay in lieu of notice when your employment ended. It does not require any connection to a protected personal characteristic. A human rights claim is specifically about discrimination or harassment connected to a protected ground under the Ontario Human Rights Code, such as race, disability, sex, or age, and can be pursued whether or not your employment has ended. The two claims are heard through different processes: wrongful dismissal through the civil courts, and human rights claims through the Human Rights Tribunal of Ontario. It is possible to have both claims arising from the same set of facts. See our guide on wrongful dismissal in Ontario for more on termination rights.
What are the protected grounds under the Ontario Human Rights Code?
In employment, the Code protects against discrimination based on race, colour, ancestry, place of origin, ethnic origin, citizenship, creed (religion), sex (including pregnancy), sexual orientation, gender identity and expression, age (18 and older), marital status, family status, disability, and record of offences. If treatment you experienced at work is connected to one of these grounds, you may have a human rights claim. Unfair treatment that is not connected to any of these protected grounds, while it may feel unjust, does not generally fall within the scope of the Human Rights Code.
How long do I have to file a human rights complaint in Ontario?
You generally have one year from the last incident of discrimination or harassment to file an application with the Human Rights Tribunal of Ontario. This is significantly shorter than the general two-year limitation period that applies to most other civil claims in Ontario, and it is one of the most important deadlines to be aware of if you believe you have experienced workplace discrimination. If the discrimination was part of a continuing course of conduct, the period generally runs from the last incident, but you should not rely on this without confirming your specific situation with a lawyer. Act promptly if you believe your rights have been violated.
What is the duty to accommodate and how far does it go?
Ontario employers have a legal duty to accommodate an employee’s protected characteristic, most commonly a disability, but also religious practice, family status, and other grounds, up to the point of undue hardship. Accommodation can include modified duties, adjusted schedules, physical workplace changes, or other adjustments that allow the employee to fully participate in the workplace. Undue hardship is a high bar, generally assessed by reference to cost and, in Ontario, health and safety requirements. An employer cannot simply refuse accommodation because it is inconvenient or requires some effort. Both the employer and employee have obligations in this process: the employee generally needs to provide enough information for the employer to understand the need, and the employer must genuinely explore accommodation options.
Can my employer retaliate against me for filing a human rights complaint?
No. The Ontario Human Rights Code specifically prohibits reprisal, meaning retaliation against someone for asserting their rights under the Code, filing a complaint, participating in someone else’s complaint, or raising a concern about discrimination internally. Reprisal can include termination, demotion, reduced hours, or other adverse treatment connected to the protected activity. A reprisal claim can succeed as its own distinct violation even if the underlying discrimination claim does not succeed. If you believe you have experienced reprisal, consult an employment lawyer promptly, since the same one-year limitation period generally applies.
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Workplace discrimination and harassment can affect your income, your wellbeing, and your career. Having an employment lawyer who can explain your rights clearly in your first language ensures you understand your options and can make fully informed decisions about how to proceed.
Lawyers Who Speak connects GTA residents with verified, Law Society of Ontario-licensed employment lawyers who speak their language. Search by language and practice area to find the right lawyer for your matter.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Human rights and employment law matters are fact-specific and the law can change. If you believe you have experienced workplace discrimination or harassment, please consult a qualified employment lawyer licensed in Ontario as soon as possible.
