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Employment

The Code states that every person has a right to equal treatment with respect to employment without discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.

The right to “equal treatment with respect to employment”  covers every aspect of the workplace environment and employment relationship, including job applications, recruitment, training, transfers, promotions, apprenticeship terms, dismissal and layoffs. It also covers rate of pay, overtime, hours of work, holidays, benefits, shift work, discipline and performance evaluations. 

Relevant policies and guides: 

Actions consistent with a human rights-based approach to managing the COVID-19 pandemic

This document sets out various actions that governments can take that are broadly consistent with a human rights-based approach to managing the COVID-19 pandemic. These actions are neither comprehensive nor exhaustive. Instead, they are a compilation of possible responses that are consistent with Canada and Ontario’s human rights obligations.

Strengthening Bill 3 (“Pay Transparency Act”) to protect human rights

April 18, 2018 - The Ontario Human Rights Commission (OHRC) welcomes the opportunity to provide comments on Bill 3, An Act respecting transparency of pay in employment (the Bill). The OHRC is encouraged by the Bill’s potential to narrow the persistent gender pay gap and other employment discrimination. To be most effective, the draft legislation requires amendments as outlined below.

Ontario Public Service (OPS) Gender Identity Policy: OHRC letter to Minister MacCharles

June 15, 2017 - Dear Minister MacCharles, I trust this finds you well. I am writing to commend you on your Ministry’s leadership in development of the new OPS Gender Identity Policy - Gender Identity and Sex Information on Public-Facing Government Products and Forms, and to call on you to build on this important work by removing other human rights barriers that face people with diverse gender identities and gender expressions across government.

Policy on drug and alcohol testing 2016

The Ontario Human Rights Commission (OHRC) recognizes that it is a legitimate goal for employers to have a safe workplace. Safety at work can be negatively affected by many factors, including fatigue, stress, distractions and hazards in the workplace. Drug and alcohol testing is one method employers sometimes use to address safety concerns arising from drug and alcohol use. Drug and alcohol testing has particular human rights implications for people with addictions. Addictions to drugs or alcohol are considered “disabilities” under the Ontario Human Rights Code (Code). The Code prohibits discrimination against people with disabilities and perceived disabilities in employment, services, housing and other social areas.

Drug and alcohol testing (brochure 2016)

The Ontario Human Rights Code

The Ontario Human Rights Code (Code) provides for equal rights and opportunities and freedom from discrimination. The Code recognizes the dignity and worth of every person in Ontario.

The Code prohibits discrimination against people with disabilities and perceived disabilities in employment, services, housing and other social areas. Under the Code, disabilities include addictions to drugs and alcohol.

Summary: Hamilton-Wentworth District School Board v. Fair

On May 31, 2016, the Court of Appeal for Ontario[1] unanimously upheld decisions by the HRTO, which had found that Sharon Fair (Fair) had been subjected to employment-related discrimination by the Hamilton-Wentworth District School Board (the School Board) and had ordered compensation for special and for general damages ($30,000) as well as an order for Fair’s reinstatement. The HRTO’s decisions had earlier been upheld by the Divisional Court.

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