Discrimination & Harassment Claims

In Ontario, an employer has an obligation to make sure that their workplace is free from discrimination and harassment. 

Discrimination in the Workplace

Discrimination in the workplace occurs when a person suffers a disadvantage that is not imposed upon others, or when a person is limited access to advantages that are available to others, for a reason that is prohibited by law. In Ontario, every person has a right to equal treatment with respect to employment without discrimination 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.  

Some of the most commonly litigated cases concerning discrimination in the workplace include cases where a person has suffered discrimination on the basis of sex, or where a person has suffered discrimination on the basis of disability. With respect to discrimination on the basis of sex, there are many cases where the Ontario Human Rights Tribunal has found that a person was denied advancement opportunities or equal pay on the basis of their gender. With respect to discrimination on the basis of disability, there are also many cases where the Ontario Human Rights Tribunal has found that a person was denied an advancement opportunity, equal pay, that an employer failed to accommodate an employee’s disability, or that a person was dismissed from their job for a reason related to their disability. 

Harassment in the Workplace

Harassment in the workplace occurs when a person engages in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment claims are most often litigated as a type of discrimination claim, where a person suffers harassment for a reason that is prohibited by law, including harassment related to 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.

Some of the most commonly litigated cases concerning harassment in a workplace environment involve sexual harassment claims, where a person suffers harassment by their employer, or by another employee, for a reason related to their sex, sexual orientation, gender identity or gender expression. Sexual harassment may also occur in the form of sexual solicitation, where a person who is in a position to confer, grant, or deny a benefit to an employee makes a sexual solicitation or advancement towards that employee, where that person ought reasonably to know that the solicitation is unwelcome.  Sexual solicitation may also occur if an employee is denied a benefit or an opportunity after rejecting a sexual solicitation from a person who is in a position to confer a benefit. 

For Employees

If you are an employee and you believe that you have suffered discrimination or harassment in the workplace, contact me, Robin Anderson, at 1-519-772-7620, or by email at info@robinanderson.law, for a consultation to get legal advice concerning your case. 

For Employers

If you are an employer, and you have been served with a Human Rights Tribunal Application or a Statement of Claim alleging discrimination or harassment in the workplace, contact me, Robin Anderson, at 1-519-772-7620, or by email at info@robinanderson.law, for a consultation to determine the most appropriate way to respond to these types of claims.