Your Rights and Responsibilities Under the Ontario Human Rights Code

The Ontario Human Rights Code (OHRC) is a piece of legislation that is relevant to everyone in Ontario. This act applies across industries and protects employees, contractors and customers from discrimination on a series of protected grounds. Failing to abide by this code can result in expensive fines or litigation and if your rights are violated, you may be entitled to compensation. Therefore, it is important for everyone in Ontario to understand their rights and responsibilities under the Ontario Human Rights Code.

What are my rights under the OHRC?

The OHRC gives everyone the right to freedom from discrimination on a list of protected grounds. These grounds, found in section 1, are “race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.” Everyone in Ontario is protected against discrimination on these grounds in the areas of housing, contracts, employment, goods, services, facilities and memberships in unions, trades or professional associations.

The code, and case law, defines discrimination broadly. This definition includes explicit discrimination and constructive discrimination which are rules or practices that unintentionally singles out a group of people and results in unequal treatment. For example, if an employer has a rule requiring employees to have clean shaven faces, this rule might unintentionally discriminate against religions which prohibit shaving facial hair. Any rules that result in constructive discrimination must be reasonably accommodated.

What is reasonable accommodation?

When an employee has a rule or practice that results in constructive discrimination, it must reasonably accommodate individual differences up to the point of undue hardship. The duty to accommodate can include making exceptions on workplace rules, installing ramps so disabled customers can access your store, changing work schedules to accommodate religious holidays or any number of other accommodations.

It is important to note that the OHRC does not prescribe a “one size fits all” approach to accommodation. The duty to accommodate recognizes that different approaches may be required by different people and businesses. For example, a large department store with many customers and substantial finances will likely have to have more facilities in place to accommodate people with disabilities than a small independent corner store.

What liabilities come from violating the right to be free from discrimination?

People who feel that they have been discriminated under the Ontario Human Rights Code may apply to the Ontario Human Rights Tribunal. If an employer, business etc. is found liable, they will have to pay compensation to the complainant. The awards for winning such a case vary widely. Damages for injury to dignity, feelings and self-respect of victims of discriminatory conduct usually range from $500 to $15,000 but exceptional cases can see damages into the tens or even hundreds of thousands.

Business owners, housing providers and employers are responsible for ensuring the environment they control is free from discrimination. Management is therefore responsible both for company policies and the actions of their employees. If an employee complains about discrimination on a protected ground by another staff member, management should take steps to investigate the complaint, reprimand the employee responsible and resolve the issue. If management fails to adequately address the issue, the business risks being found liable under the OHRC.

The OHRC provides substantial protections to consumers, employees and members of various organizations and substantial liability to business owners. Companies should be aware of how their policies may be in violation of human rights. Individuals should know their rights to avoid being the victim of unfair practices.

If you need help navigating the OHRC, have a case before the tribunal or need to develop human rights policies for you company, email us at info@law365.ca or call us at (647)-494-9599.