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:
- Policy on removing the "Canadian experience" barrier
- Human rights at work 2008 - 3rd edition
- Guidelines on developing human rights policies and procedures
- Policy on employment-related medical information
- Policy on drug and alcohol testing
- Policy on requiring a drivers license as a condition of employment
- Human rights maturity model (Canadian Human Rights Commission)
OHRC successfully challenges restrictions to benefits for workers aged 65+
Toronto – The OHRC intervened in Talos v Grand Erie District School Board to challenge the provision of Ontario’s Human Rights Code that allowed employers to cut or reduce benefits to workers aged 65 and over. The Human Rights Tribunal of Ontario found that subsection 25(2.1) of the Code, as well as related provisions in the Employment Standards Act and its regulations, amount to age discrimination and violate the Canadian Charter of Rights and Freedoms.
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.
Removing the ‘Canadian experience’ barrier
New OHRC report says sexualized dress codes “not on the menu”
To coincide with International Women’s Day, the Ontario Human Rights Commission (OHRC) has released a new report that outlines commitments made by many of Ontario’s largest and most well-known restaurant chains to eliminate discriminatory dress codes for restaurant staff. Not on the Menu: Inquiry report on sexual and gender-based dress codes in Ontario’s restaurants outlines findings from an inquiry into dress codes at certain restaurants operating across Ontario.
The public inquiry: letters to restaurants
On July 8, 2016, the OHRC initiated a human rights inquiry into dress codes in the restaurant sector and identified restaurant companies based on the following criteria:
Accommodation and medical documentation: New OHRC policy statement offers guidance
Toronto – On February 1, following the launch of its updated Policy on ableism and discrimination based on disability, the Ontario Human Rights Commission (OHRC) will release a new policy statement on medical documentation to be provided when disability-related accommodation requests are made.
OHRC and HRPA webinar on drug and alcohol testing
OHRC and HRPA webinar on drug and alcohol testing for HR professionals.
Summary: Misetich v. Value Village – Discrimination on the basis of family status
September 2016 - The OHRC intervened in Misetich v. Value Village, a case before the Human Rights Tribunal of Ontario (HRTO), involving allegations of discrimination on the basis of family status. The OHRC intervened to ensure that the Federal Court of Appeal's decision in Johnstone v.
Updated OHRC policy on drug and alcohol testing gives valuable guidance on protecting rights
Toronto – The OHRC today launched its updated Policy on drug and alcohol testing. This Policy offers guidance to Ontario employers and employees about drug and alcohol testing, and about the potential human rights concerns arising from testing.