Workplace Discrimination and Human Rights Claims in Ontario: What You Need to Know

Being treated differently at work because of who you are — not how you perform — is more than unfair. In Ontario, it may be illegal. The Ontario Human Rights Code prohibits discrimination and harassment in employment based on a defined list of protected grounds. If your employer has discriminated against you, failed to accommodate a disability, harassed you, or retaliated for raising a complaint, you have legal options.

This article explains how human rights workplace discrimination claims work in Ontario, what the Human Rights Tribunal of Ontario (HRTO) can do for you, and how these claims interact with wrongful dismissal and other employment claims.

The Ontario Human Rights Code: Protected Grounds in Employment

The Human Rights Code prohibits discrimination in employment on the following grounds (as of writing — verify the current list at ontario.ca as the Code can be amended):

• Race, colour, ancestry, place of origin, ethnic origin
• Citizenship and creed (religion)
• Sex (including pregnancy, gender identity, gender expression)
• Sexual orientation
• Disability (physical or mental; past, present, or perceived)
• Age (18 years and over, with specific protections for those over 65)
• Marital and family status
• Receipt of public assistance
• Record of offences (in employment contexts)

Discrimination on these grounds is prohibited throughout the employment relationship — in hiring, assignments, promotions, pay, discipline, and termination.

What Counts as Discrimination?

Discrimination does not require proof of intent. An employer doesn't need to be consciously prejudiced for their conduct to constitute discrimination. Three main forms arise in Ontario workplaces:

Direct Discrimination

Treating you differently because of a protected characteristic. For example, denying a promotion because you are pregnant, or making hiring decisions based on someone's perceived religion.

Adverse Effect Discrimination

A workplace policy or practice is neutral on its face but has a disproportionate negative effect on people with a protected characteristic. For example, a mandatory schedule that doesn't accommodate employees with religious Sabbath observances.

Failure to Accommodate

Employers have a positive duty to accommodate employees with disabilities (and in some cases, other protected grounds such as religious observance or family status) — up to the point of undue hardship. This duty is substantial. It requires genuine engagement, exploration of options, and documentation of what was considered. Simply saying "we can't do that" is rarely sufficient.

Harassment in the Workplace

The Code also prohibits harassment on the basis of a protected ground. Harassment is a course of comments or conduct that a reasonable person would know is unwelcome — slurs, jokes targeting a protected group, belittling based on disability, or repeated demeaning treatment based on someone's age or gender.

A single severe incident (such as a sexual assault) can also constitute harassment even without a pattern. And an employer can be liable for harassment by supervisors, managers, or even co-workers if the employer knew or ought to have known and failed to respond appropriately.

Filing a Human Rights Claim: The HRTO Process

Human rights complaints in the employment context in Ontario are filed with the Human Rights Tribunal of Ontario (HRTO), not in civil court. Key features:

• No filing fee — the HRTO process is accessible without paying to open a case
• Time limit — as of writing, you generally have one year from the most recent incident to file. This is strictly enforced. Do not delay.
• Mediation first — many cases go through a mediation process before a formal hearing
• Remedies available — the HRTO can order compensation for lost wages, compensation for injury to dignity, feelings, and self-respect (up to amounts that change over time — verify current ranges), policy changes, training, reinstatement, and more
• No cap on general damages — unlike some forums, the HRTO's general damages for injury to dignity have no fixed ceiling under current legislation; however, typical awards in ordinary cases are moderate. Verify current ranges with a lawyer.

The Intersection with Wrongful Dismissal

If you were terminated in circumstances connected to a protected ground — for example, fired shortly after disclosing a disability, returning from parental leave, or raising a harassment complaint — you may have both a wrongful dismissal claim (in civil court) and a human rights claim (at the HRTO).

These are separate proceedings and can be pursued simultaneously in some circumstances, though careful coordination is required. A human rights violation during termination can also result in "bad faith" damages in a civil wrongful dismissal action. The two claims reinforce each other strategically.

The Duty to Report Internally First?

Many employees wonder whether they need to pursue an internal HR process before filing an HRTO application. The answer is: not legally. You can proceed to the HRTO directly. However, your response to the employer's internal process (or decision not to pursue one) may be relevant to credibility and the overall record. Get advice on the best sequencing for your situation.

Reprisal: Protection for People Who Complain

The Code prohibits reprisal against employees who have raised a human rights complaint, supported a colleague's complaint, or refused to participate in a discriminatory practice. If your employer changed your duties, reduced your hours, disciplined you, or terminated you after you raised a human rights issue, the reprisal itself is a separate violation of the Code — even if the underlying complaint is never fully resolved.

Employer-Side Note

Employers have an obligation to maintain a discrimination-free workplace and respond to complaints promptly and seriously. Ignoring complaints, failing to investigate, or retaliating against complainants substantially increases legal exposure. Proactive accommodation policies and documented responses are essential.

Frequently asked questions