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)
Drug and alcohol testing – Frequently asked questions
- Why isn’t it an obvious violation of human rights to do mandatory collection of an employee’s fluids or breath that could reveal a disability?
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.
Summary for the revised Policy on drug and alcohol testing
April 2016: We are currently revising our Policy on drug and alcohol testing (2000). This summary contains some of the important points employers should be aware of in the interim. The updated policy will be available before the end of the year.
Sexual harassment & sex discrimination at work
March 8, 2016 - The OHRC recognizes the severe impacts of sexual harassment on working women and trans people. It can reduce employees’ morale, decrease productivity and contribute to physical and emotional effects such as anxiety, depression and posttraumatic stress disorder. The United Nations’ Declaration of the Elimination of Violence Against Women specifically recognizes that sexual harassment is a form of violence against women.
OHRC policy position on sexualized and gender-specific dress codes
March 8, 2016 - Some Ontario employers require female employees to dress in a sexualized or gender-specific way at work, such as expecting women to wear high heels, short skirts, tight clothing or low-cut tops. These kinds of dress codes reinforce stereotypical and sexist notions about how women should look and may violate Ontario’s Human Rights Code.
Human rights settlement aims to increase gender diversity in Ottawa Police Service
Toronto - A settlement has been reached with the Ottawa Police in a case that alleged a female police officer was denied training, job placement and promotion opportunities because of her family status, sex and maternity leaves. The Ontario Human Rights Commission (OHRC) intervened at the Human Rights Tribunal of Ontario to address systemic barriers to promotion and advancement that women can face.
OHRC submission to Ministry of Labour Changing workplace review
September 18, 2015 - The Ontario government is consulting on the changing nature of the modern workplace and considering how the Employment Standards Act and the Labour Relations Act could be amended to best protect workers, especially historically under-represented groups. The Ontario Human Rights Commission (OHRC) makes this submission in accordance with its mandate to promote and advance human rights under Ontario’s Human Rights Code.
OHRC letter to Minister Flynn about the Ministry of Labour changing workplace review
September 18, 2015 - Dear Minister, The Ontario Human Rights Commission (OHRC) is pleased to make this submission to the Ministry of Labour’s Changing Workplaces Review.