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)
Common questions: Policy on removing the “Canadian experience” barrier (fact sheet)
1. What do you mean by a “Canadian experience” requirement?
Talking about Canadian experience (fact sheet)
July 2013 - In October 2012, the Ontario Human Rights Commission (OHRC) hosted an online survey to learn more about the experiences of both job seekers and employers in dealing with requirements for Canadian experience. The survey was not about statistics – it was about giving people an opportunity to talk about the barriers they faced, and in the case of employers, the reasons for keeping or removing requirements for Canadian experience. We included many of stories and comments we heard in our new Policy on removing the “Canadian experience” barrier. The following sections highlight some of the recurring themes we heard, and some of the more poignant stories of people facing discrimination because they did not have Canadian experience.
Removing the "Canadian experience" barrier (brochure)
Some employers ask people applying for jobs if they have “Canadian experience.” That can make it much harder for people new to Canada to find work. Some “regulatory bodies” (such as the professional associations for accountants or doctors) also ask for Canadian experience.
The Ontario Human Rights Commission (OHRC) believes that asking for Canadian experience can result in discrimination. Employers and regulatory bodies should always have to show why Canadian experience is needed.
Policy on Removing the “Canadian experience” barrier
July 2013 - While the Ontario Human Rights Commission (OHRC) recognizes the significance of all of the barriers newcomers potentially face when trying to access the job market, this policy will focus on “Canadian experience” as an employment or accreditation requirement, and as a practice that raises human rights concerns. The OHRC’s position is that a strict requirement for “Canadian experience” is prima facie discrimination (discrimination on its face) and can only be used in very limited circumstances. The onus will be on employers and regulatory bodies to show that a requirement for prior work experience in Canada is a bona fide requirement, based on the legal test this policy sets out.
Can an employer ask for a driver’s licence, when I am applying for a job?
The Human Rights Code says employers must not use application forms or ask questions of job applicants, which directly or indirectly ask them to give information about a “ground of discrimination”. For example, asking for information about a driver’s licence, when it may not be an essential duty of the job, may prevent or discourage someone from applying for a job - such as a person with a disability who is limited in their ability to drive. Also, asking a job ap
Can I fire a woman whose pregnancy is preventing her from doing the job she was hired to do?
It is discrimination if you fire, demote or lay off an employee because she is or may become pregnant or she is away on maternity leave or disability leave related to pregnancy. Employers have a duty to accommodate a pregnant woman unless it would cause undue hardship. This may include changing her job duties temporarily or providing time off work.
As an employer do I have to give people time off for religious leave and do I also have to pay them?
Employers have a duty to accommodate an employee’s creed to the point of undue hardship, including by providing time off for religious holidays.
As an employer what is my duty to accommodate someone who injured him/herself at home?
As an employer you have a duty to accommodate employees with disabilities, unless it would cause undue hardship, even if their injury is not work-related.
Appendix B – Human rights in the workplace: which laws?
a) Federal legislation
i) Canadian Human Rights Act
The Canadian Human Rights Act (“CHRA”) applies to workplaces in federal organizations or industries that are regulated by the federal government. The Ontario Human Rights Code does not apply to such organizations. Both of these laws cannot apply at the same time. If one applies, the other does not.
The choice of incorporating statute does not determine whether a company is provincially or federally regulated. The CHRA covers workplaces such as:
Working Together: The Code and the AODA
Rights and responsibilities under the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act (AODA). Intro to the Code and AODA standards and how they work together.