Human Rights in Barrie Employment Law

The Ontario Human Rights Code, and the Canadian Human Rights Act both state that every employee has the right to equal treatment with respect to employment without discrimination based on race, ancestry, colour, ethnic origin, religion, place of origin, citizenship, sex, marital status, age, pardoned criminal offences, family status, sexual orientation or disability.

As an employer, you need to take into account the above enumerated grounds not just when you are considering terminating an employee, but also during the hiring process and throughout the employment relationship.

Employees who think they have been discriminated against have a right to file a complaint with the Human Rights Tribunal, and as the employer, you are required to respond, even if the complaint is without merit.

Although the best time to get advice about terminating an employee is before you do it, if you find yourself the subject of a Human Rights complaint, call us, and our Barrie employment lawyers can assist you with deciding the best course of action.

Issues and Complaints

The Human Rights Code of Ontario provides guidelines that employers must follow with respect to various employees during the course of their employment.

It also sets out certain rights of employees, including an employee’s right to equal treatment in their employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status (i.e. married, common law, same sex marriage or common law), family status, pardoned record of criminal offence, or disability.

Additionally, employees have a right to be free from harassment in the workplace by the employer or an agent of the employer or by another employee because of any of the above noted grounds.

Finally, employees have a right to be free from sexual harassment and sexual discrimination in the workplace by the employer, an agent of the employer, or by another employee. This includes the right to be free from unwanted sexual advances. This can include the promise of a raise or a new job in exchange for an unwanted relationship or sexual favours.

If you feel you have been discriminated against because of one of the above reasons, subjected to harassment or sexual harassment in your workplace, contact us. We can help you decide if you have a valid claim, and what you should do about it.

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