Employment Discrimination — Ontario Employment Law
Related Keywords
About Employment Discrimination
In Ontario, employment discrimination occurs when an employer makes adverse decisions—such as refusing to hire, passing over for promotion, paying less, or terminating an individual—based on protected personal characteristics rather than their individual merit. The Ontario Human Rights Code (OHRC) guarantees equal treatment in all aspects of employment, including recruitment, training, discipline, and dismissal.
While sibling concepts like 'workplace harassment' often deal with toxic day-to-day peer interactions or a hostile work environment, employment discrimination frequently manifests in structural or administrative human resources decisions. For example, screening out resumes with non-Anglophone names, arbitrarily restricting the hours of older workers, or terminating someone shortly after they disclose a disability or pregnancy all represent tangible employment discrimination.
Crucially, proving this legal concept does not require finding a 'smoking gun' where a manager explicitly admits bias. Under Ontario law, the discriminatory reason does not even need to be the only factor, or the primary factor, in the employer's decision. As long as a protected ground (like race, sex, age, disability, or family status) was a contributing factor in the adverse treatment, it constitutes employment discrimination.
However, it is important to distinguish between illegal discrimination and general unfairness. For instance, courts and tribunals have clarified that an employer terminating a worker due to a personal dispute or individual family grievance does not necessarily violate the OHRC, unless that dispute is tied to a systemic disadvantage or recognized prohibited ground (such as marital status). General favouritism or nepotism, while frustrating, does not automatically cross the legal threshold for discrimination.
Workers who have faced discriminatory employment decisions have specific procedural avenues available. They may file an application directly with the Human Rights Tribunal of Ontario (HRTO). Alternatively, if the discrimination resulted in a termination, the employee can pursue human rights damages alongside a wrongful dismissal claim in the civil courts. Because the trajectory of a claim depends heavily on nuanced details and the specific nature of the employer’s actions, having an independent legal evaluation is usually the safest way to determine which adjudicative body is appropriate for a given situation.
Frequently Asked Questions
What characteristics are protected from employment discrimination in Ontario?
The Ontario Human Rights Code prohibits employment discrimination based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex (including pregnancy), sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status, and disability.
Is my employer allowed to fire me because they simply don't like my family?
Generally, dismissing an employee over a personal family feud or individual interpersonal dispute does not violate the Ontario Human Rights Code. While the Code protects 'family status', tribunals have found that this ground protects against group-based disadvantages (like caregiving responsibilities), not necessarily individual nepotism or personal squabbles.
Do I have to prove my employer's only reason for firing me was discriminatory?
No. Under Ontario human rights law, you only need to prove that a protected characteristic (such as your age or a disability) was a factor in the employer's decision to treat you adversely. Even if the employer had legitimate business reasons, if discrimination played a part, they are liable.
What is the deadline to file an employment discrimination claim?
If you are filing an application with the Human Rights Tribunal of Ontario (HRTO), you must typically do so within one year of the discriminatory incident (or the last incident in a series). If you are claiming human rights damages as part of a wrongful dismissal lawsuit in civil court, the general limitation period is two years.
Can I sue for employment discrimination in regular court?
You can pursue discrimination damages in civil court, but only if the human rights violation is attached to another civil cause of action, such as wrongful dismissal or constructive dismissal. You cannot sue in civil court solely for a free-standing human rights breach; that must go to the HRTO.
When should I have a lawyer review an alleged discrimination issue?
It is highly recommended to seek legal counsel before taking drastic action, such as resigning or filing a formal HRTO application. A lawyer can help strategically assess whether your evidence meets the legal threshold for discrimination and determine if it is better pursued through the Tribunal or the courts.
Common Scenarios
- An applicant successfully completes several phone interviews for a customer service role, but immediately has their job offer rescinded after an in-person meeting where the employer realizes the candidate uses a wheelchair.
- A retail employee returning from a temporary cancer-related medical leave finds that the employer has suddenly imposed restrictive physical attendance conditions that were never required for the job previously, setting them up for termination.
- A senior marketing manager is consistently passed over for promotions in favour of less experienced colleagues shortly after returning from a maternity leave, despite maintaining top-tier performance reviews.
- An Indigenous worker at a hospitality company is subjected to intense, formalized disciplinary scrutiny and write-ups for minor administrative errors that are routinely ignored when committed by non-Indigenous peers.
What You Should Know
- Keep a private, chronological log of discriminatory incidents, including dates, witnesses, and the exact phrasing used by management during performance reviews, hiring interviews, or termination meetings.
- If your employer claims a termination was due to 'restructuring,' look for objective evidence of who else was laid off; if only individuals on medical leave or older workers were targeted, this can strengthen a discrimination claim.
- Report discriminatory practices through your employer's internal policy mechanisms in writing first (if safe to do so), as an employer's failure to properly investigate the complaint can significantly compound their legal liability.
- Do not sign a generic severance release if you suspect your dismissal was discriminatory, as doing so typically extinguishes your rights to seek damages under the Ontario Human Rights Code. Have the package vetted first.
Featured Cases
Willsey v. Casino Rama Services Inc.
2019 ONSC 4660 (CanLII) · 2019-05-10Indigenous Employment Discrimination Case at Casino Rama
A case involving employment discrimination claims against an Indigenous employee at Casino Rama Services Inc. The court addressed the disclosure of documents related to the Operating Agreement and minutes of meetings, and declined to impose a timeline for mediation.
Pritchard v. Ontario (Human Rights Comm.) (No. 5)
2002 CanLII 78247 (ON SC) · 2002-01-02Human Rights Employment Case: Sex Discrimination Claim
A human rights case involving allegations of sex discrimination. The case was heard in the context of employment-related discrimination.
McKenzie Forest Products Inc. v. Tilberg
1999 CanLII 15057 (ON SC) · 1999-05-31Human Rights Employment: Board of Inquiry Jurisdiction After Commission Withdrawal
A human rights employment case addressing whether a Board of Inquiry retains jurisdiction to proceed with a hearing after the Ontario Human Rights Commission withdraws from the proceedings. The case examines the Commission’s statutory role and the complainant’s ability to carry forward the complaint independently.
B. v. Ontario (Human Rights Comm.)
1999 CanLII 15055 (ON SC) · 1999-01-19Human Rights Employment: Dismissal Based on Family Disputes Not Discrimination
A merits decision involving a human rights appeal where an employee challenged their dismissal on the grounds of discrimination based on family and marital status. The court examined whether unfair dismissal arising from personal family disputes qualifies as prohibited discrimination under the Ontario Human Rights Code, ultimately ruling that such treatment does not fall under the prohibited grounds unless it relates to group-based disadvantage.
Burman v. Ontario (Human Rights Comm.)
1998 CanLII 14956 (ON SC) · 1998-11-26Human Rights Commission Dismissal Review: Judicial Review of s. 34(1) Decision
A judicial review case concerning the Ontario Human Rights Commission’s decision to dismiss a complaint under s. 34(1) of the Ontario Human Rights Code. The applicant challenged the decision, arguing it was patently unreasonable, while the Commission found the complaint could be more appropriately dealt with under the Education Act. The court applied the standard of review for patent unreasonableness and interpreted the discretionary powers under s. 34(1).
Imperial Oil Ltd. v. Entrop
1998 CanLII 14954 (ON SC) · 1998-02-06Human Rights Employment: Alcohol Policy and Disability Discrimination
A human rights employment case involving Imperial Oil's alcohol and drug policy and its potential discrimination against employees with disabilities or perceived disabilities. The court examined whether the policy violated sections 5 and 17 of the Ontario Human Rights Code and whether the employer properly justified the policy as reasonably necessary and accommodated employees to the point of undue hardship.
Re Commodore Business Machines Ltd. et al. and Minister of Labour for Ontario et al.
1984 CanLII 2017 (ON SC) · 1984-11-01Human Rights Employment: Sexual Harassment and Board of Inquiry Jurisdiction
A human rights employment case involving sexual harassment and the jurisdiction of a board of inquiry under the Ontario Human Rights Code. The board was found to have correctly interpreted the Code and admitted similar fact and hearsay evidence in its proceedings.