In Ontario, the Human Rights Code (Code) provides the foundation to build inclusive initiatives by enabling employers and employees to understand and act on their human rights obligations in workspaces.
The Code requires that all employers create and foster workplaces free from discrimination and harassment based on the characteristics listed under the Code, including age, disability, gender, race, and sexual orientation. Policies, positions, and workspace programs founded on Equity, Diversity and Inclusion (EDI) can serve as practical tools for employers to address discrimination and harassment. However, EDI is not the legal requirement in Ontario.
The mandate of the Code, reinforced by the Canadian Charter of Rights and Freedoms (the Charter) in government workspaces, is to achieve substantive equality, which is about providing equitable chances or treatment, based on a person’s needs. The aim of the Code is to protect everyone’s dignity and worth, providing equal rights and opportunities without discrimination and harassment. It is essential to understand and address the needs of disadvantaged individuals within historical, legal, and social contexts. Thus, attaining substantive equality may need modifying approaches and, at times, implementing additional measure to ensure equal opportunities for all to achieve success. This concept has been enshrined in Canadian constitutional law.
The right to equal treatment in employment covers every aspect of the workplace and employment relationship, including recruitment, training, and performance evaluation.
Employers should value all relevant work experience, regardless of where it was obtained - not just ‘Canadian Experience’. Also, restricting positions to a specific demographic, such as requiring childcare workers to be women, may violate the Code.
Employment practices that are non-discriminatory benefit all Ontarians economically and socially. When individuals are treated fairly and respectfully, regardless of identity or background, they can fully contribute their diverse skills and talents. A non-discriminatory workplace enhances staff morale and harmony, improving productivity, creativity, and innovation.
Recently, calls to halt or reverse progress in inclusive workplaces have increased. Such calls are misplaced.
Ontario is home to one of the most diverse populations in the world, and its demographics are rapidly evolving. The economy is becoming increasingly globalized, leading to a more multicultural workforce. Ontario's workplaces are enriched by a wide range of characteristics across various categories outlined in the Code, such as age, creed, disability, ethnic origin, gender identity, and sexual orientation.
While the Code promotes substantive equality to ensure the dignity and respect of individuals, its impact goes beyond equality; it has significant business implications. Embracing diversity improves productivity, helps maintain and increase profits, and enhances competitiveness. Inclusion is essential for building successful businesses, and companies benefit from a workforce that reflects the communities they serve. Thus, corporation should prioritise DEI as a key business strategy to help foster a sense of belonging within the workplace, the community, and the province. Positioned within the legal framework, such as subsection 15(2) of the Charter and the Code, DEI’s future is promising.
Employers can gauge outcomes of EDI policies, practices, and programs by conducting surveys, collecting data on employees’ experiences within the workplace, establishing measurable progress to tackle issues, seeking feedback, and communicating outcomes to all staff members from time to time. EDI advocates may consider changing its narrative by using clear communication, aligning EDI goals and programs to Charter and Code requirements, meaningful outcome measurements, promoting responsiveness to societal need, pragmatic commitment to healthy organizations, and continuous improvement.
In sum, Ontario employers should ensure a safe work environment to avoid legal, reputational, operational, and financial risks. Promoting human rights in the workplace helps build a future where everyone can contribute and benefit from economic prosperity, not only in the workplace but also in the communities and in Ontario.
The Commission recommends that employers use a human rights-based approach in their policies and programs. The OHRC’s Human Rights-Based Approach Framework offers a step-by-step guide for embedding human rights in policymaking. Using this tool can help identify inequalities and correct discriminatory practices.