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Human Rights: Know Your Rights

The Ontario Human Rights Code offers protection to employees from workplace discrimination. Employers have obligations to treat all employees equally without treating them differently on the basis of the grounds. 

 

These grounds include:

  •  Age

  • Ancestry, colour, race

  • Citizenship

  • Ethnic origin

  • Race

  • Creed

  • Disability

  • Family status

  • Marital status

  • Gender identity

  • Sex (including sexual harassment, pregnancy or breastfeeding)

  • Sexual orientation (even if you are straight or cisgender) 

 

At work, if your are feel bullied, harassed, or discriminated against based on their religion, race, cultural background, disability, or other protected grounds you may be entitled to general damages remedy under section 45.2 of the Human Rights Code.

 

We offer free consultations by calling us at 1-866-720-2245 or completing this form.

I am being sexually harassed by my boss or coworker, what can I do?

Sexual harassment comes in many forms, it includes verbal and/or physical harassment. Your employer has an obligation to protect your rights. If your are being sexually harassed at your workplace, it is important to know your rights. Most employers have policies in place to deal with complaints. If your employer fail to protect your Human Rights, you may have remedies that include monetary remedies. In serious cases of Sexual Harassment, the  Human Rights Tribunal has been known to awarded damages between $12 000 to $50 000. In the most serious case of Sexual Harassment, OPT v Presteve Foods Ltd, the award was $150 000 in damages. 

 

If you have questions, we provide free consultations for Human Rights related employment issues by calling us at 1-866-720-2245 or completing this form.

When can an employer justify workplace discrimination?

In certain circumstances workplace discrimination may be justified. The courts have established that a rule, standard or practice adopted by an employer may be discriminatory but justifiable if it qualifies as a bona fide occupational requirement. An employer seeking to uphold a discriminatory workplace rule or standard as a BFOR must establish all of the elements in the three-step Meiorin analysis. 

If you have questions, we provide free consultations for Human Right related employment issues by calling us at 1-866-720-2245 or completing this form.

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Gilbert Barristers & Solicitors and while we endeavour to keep the information up to date and correct, laws change frequently. Therefore, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. The general information on this website is not a substitute for legal advice.  Every employee’s specific circumstances are unique. You should consult a lawyer immediately for legal advice where your employment has been terminated or where you believe your job may in be jeopardy.For specific legal advise please contact us at 1-866-720-2245.

Gilbert Barristers & Solicitors respect every visitors privacy. All personal information collected by Gilbert Barristers & Solicitors is used in accordance with Federal and Provincial privacy laws. By using this site you understand that. 

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