I was discriminated against or harassed at work in Ontario — how do I make a human rights complaint?
The Human Rights Code protects employees from discrimination and harassment on protected grounds, and an application to the Human Rights Tribunal of Ontario must generally be filed within one year of the last incident.
The Human Rights Code prohibits discrimination in employment on grounds including disability, family status, sex, creed, age, race and place of origin. Employers also owe a duty to accommodate to the point of undue hardship — a failure to explore accommodation is itself a breach, even where the employer acted in good faith.
An application to the Human Rights Tribunal of Ontario must normally be filed within one year of the last incident of discrimination. Remedies can include compensation for lost wages, damages for injury to dignity, feelings and self-respect, and orders requiring the employer to change its practices.
Where the employment has also ended, the human rights claim often runs alongside a wrongful dismissal claim. Choosing the right forum matters: you generally cannot litigate the same discrimination claim in both the Tribunal and the courts.
Source: Human Rights Code, R.S.O. 1990, c. H.19
This work is handled by Leena Kumar (Employment law). Read more about employment law at VK Law Group, or send us the facts and we will tell you where you stand.
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