Workplace discrimination — Ontario Employment Law
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About Workplace discrimination
What is the line between unfair treatment and illegal workplace discrimination in Ontario? While not every slight or instance of favouritism is against the law, the Ontario Human Rights Code (OHRC) provides robust protections against discrimination based on specific personal characteristics, known as 'protected grounds.' Workplace discrimination occurs when an employer treats an employee adversely because of their race, age, sex, disability, or another protected ground. This can happen at any stage of the employment relationship, from hiring and promotions to discipline and termination.
The OHRC lists 17 protected grounds: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex (including pregnancy and breastfeeding), sexual orientation, gender identity, gender expression, age (18 and over), record of offences (provincial offences or pardoned federal offences), marital status, family status, and disability. Any workplace rule, decision, or action that disadvantages an employee based on one of these grounds is a form of discrimination.
Discrimination isn't always obvious. While direct discrimination involves a clear and intentional act (e.g., refusing to hire someone because of their religion), discrimination can also be subtle or unintentional. 'Indirect' or 'constructive' discrimination happens when a seemingly neutral policy has a negative impact on a group protected by the Code. For example, a rigid 9-to-5 schedule could indirectly discriminate against an employee with family status obligations, like childcare responsibilities. 'Systemic discrimination' refers to patterns of behaviour and policies embedded in an organization's structure that create or perpetuate disadvantage. It's crucial to understand that intent is not required; the focus is on the effect of the action or policy. Because the nuances of a discrimination claim depend heavily on the specific facts of your employment situation, getting professional guidance can be essential to understanding your rights.
Frequently Asked Questions
What's the difference between being treated unfairly and being illegally discriminated against?
Unfair treatment, like favouritism or a personality conflict with a manager, is not illegal on its own. It becomes illegal discrimination under the Ontario Human Rights Code when the negative treatment is connected to a protected ground, such as your race, age, disability, or gender identity.
What is the time limit for filing a workplace discrimination claim in Ontario?
You generally have one year from the date the discrimination occurred to file an application with the Human Rights Tribunal of Ontario (HRTO). If it was a series of related incidents, the one-year clock typically starts from the last incident.
Can my employer punish me for making a discrimination complaint?
No. The Ontario Human Rights Code contains a 'reprisal' clause. This makes it illegal for your employer to intimidate, fire, or otherwise penalize you for claiming your rights, filing a complaint, or participating in a human rights proceeding.
What kind of proof do I need for a discrimination claim?
You don't need a 'smoking gun' admission. You must first establish a prima facie case, meaning you show evidence that you are a member of a protected group, experienced adverse treatment, and there is a link between the two. The burden then shifts to the employer to provide a credible, non-discriminatory explanation.
My workplace is unionized. Where do I bring a discrimination complaint?
For unionized employees, discrimination issues are typically handled through the grievance and arbitration process outlined in your collective agreement. In some specific circumstances, the Human Rights Tribunal may have concurrent jurisdiction, but the primary venue is usually arbitration.
What is a 'poisoned work environment'?
A poisoned work environment is a form of discrimination where serious and repeated comments or conduct create a hostile or offensive atmosphere for an employee based on a protected ground. It can be grounds for a human rights claim, even if the conduct isn't directed at you personally.
When should I consult an employment lawyer about discrimination?
You should consider consulting a lawyer if you believe you are being targeted based on a protected ground, if you are facing termination, or if the environment has become so hostile you are considering resigning. A lawyer can help you assess your options and navigate the correct legal channels.
Common Scenarios
- During a performance review, a manager comments that an employee who recently had a child seems 'less committed' and denies them a previously discussed promotion.
- A company's social events consistently revolve around alcohol, effectively excluding an employee whose religion prohibits its consumption.
- Following a medical leave for a mental health condition, an employee is demoted to a less stressful, lower-paying role without any discussion about accommodation.
- In a team meeting, a supervisor repeatedly makes jokes about an older employee's ability to use new technology, calling them a 'dinosaur'.
- A hiring manager rejects a visibly pregnant candidate, stating they are looking for someone who can offer 'long-term stability' from day one.
What You Should Know
- Keep a detailed, confidential log of all incidents you believe are discriminatory, including dates, times, witnesses, and what was said or done.
- Gather and save any relevant emails, performance reviews, or other documents that could support your claim of differential treatment.
- Review your employee handbook for an internal anti-discrimination or human rights complaint policy and consider using it, but only if you feel safe doing so.
- Be mindful of the one-year limitation period to file a claim with the Human Rights Tribunal of Ontario, which starts from the last act of discrimination.
- Before resigning due to a discriminatory environment, speak with an employment lawyer to understand the legal test for constructive dismissal and preserve your rights.
Featured Cases
D. v. Staff Plus et al
2026 ONSC 2084 (CanLII) · 2026-04-27Judicial Review: HRTO Disability Discrimination Dismissal
This is a judicial review of a Human Rights Tribunal of Ontario (HRTO) decision dismissing an application alleging employment discrimination based on disability. The Divisional Court applied the Vavilov reasonableness standard, finding that the HRTO's determination that disability was not a factor in the termination was justified, transparent, and intelligible. The court also upheld the HRTO's refusal to admit supplementary evidence and denied the request for reconsideration, resulting in the dismissal of the judicial review application.
H.E. v. Rogers Communication
2026 ONCA 111 (CanLII) · 2026-02-13Discrimination Tort Claim Struck: Appeal Dismissed
This is an appeal to the Court of Appeal from a motions judge's decision striking an applicant's claim for discrimination. The plaintiff interviewed for a job with Rogers Communication in 2015 and sued the company in 2022, alleging he was asked discriminatory questions during the interview. The motions judge dismissed the action because there is no common law tort of discrimination and the two-year limitation period had expired. The Court of Appeal dismissed the appeal, agreeing that human rights legislation is the exclusive remedy for such claims and the limitation period barred the action. The plaintiff's action remains dismissed.
T. v. Good Health Walk-In Clinic
2026 ONSC 453 (CanLII) · 2026-01-28Judicial Review: HRTO Misgendering & Race Discrimination
This is a judicial review of a Human Rights Tribunal of Ontario decision concerning allegations of discrimination based on trans status and race. The Divisional Court found the Tribunal's reasons regarding the misgendering claim unreasonable due to a fundamental gap in analysis, setting that part of the decision aside and remitting it. However, the Court upheld the Tribunal's dismissal of the race and colour discrimination claim, finding no material facts linking the actions to race.
M. v. Department of National Defence
2025 ONSC 7256 (CanLII) · 2025-12-30M. v. DND: FPSLRA Bar on Harassment Claims
This is a procedural motion ruling in a wrongful dismissal and harassment case brought by a federal public sector employee against the Department of National Defence. The court addressed whether negligence and harassment claims were barred by the statutory grievance regime under the FPSLRA, characterizing them as employment disputes precluded from court action. Additionally, the court struck the plaintiff's claim for malicious prosecution due to insufficient pleadings and refused leave to amend.
G. v D.
2025 CanLII 150071 (ON SCSM) · 2025-12-19Federal Public Service: Civil Action Barred by FPSLRA
This is a procedural ruling on a motion to strike a civil action brought by a federal public service employee. The court determined that the Federal Public Service Labour Relations Act (FPSLRA) provides an exclusive grievance regime, thereby barring civil suits for disputes relating to terms and conditions of employment, including allegations of intentional torts and Charter breaches. The claim was struck without leave to amend, and costs were awarded.
C. v Edward Jones Investments
2025 ONSC 6699 (CanLII) · 2025-11-18Workplace Harassment Discovery Motion
This is an interlocutory motion concerning discovery in a workplace harassment case. The plaintiff sought to compel the defendant to answer undertakings and produce documents related to succession planning, employment files, and conflict of interest investigations, while also requesting a further examination of the defendant. The court considered the proportionality and relevance of these requests under the governing law on refusals motions.
J.-M.D. v. The King (Ontario)
2025 ONSC 5828 (CanLII) · 2025-10-17Workplace Discrimination: Jurisdiction & Arbitration Stay
This is an interlocutory proceeding addressing jurisdictional challenges and a motion to stay proceedings in a wrongful dismissal and discrimination case. The plaintiff, a non-unionized employee, alleged systemic anti-Black racism and misogynoir in the Ontario public service, seeking remedies under human rights law, workplace safety principles, and a novel public nuisance tort. The court denied the employer's request for a stay of proceedings, finding that the arbitration agreement was not binding on the plaintiff and that the court retained jurisdiction to hear claims outside the collective agreement scope.
M. v. Global Growth Assets Inc.
2025 ONSC 5226 (CanLII) · 2025-09-12Securities Reprisal: Employment Termination Damages
This is a merits decision regarding a claim of employment reprisal under the Ontario Securities Act, where the plaintiff alleged termination was motivated by protected activity. The court found that the termination was indeed motivated, at least in part, by the protected activity and awarded statutory remedies including two times remuneration. The plaintiff's additional claims for wrongful dismissal damages and aggravated or punitive damages were dismissed as the statutory remedy was deemed sufficient.
A. v. B.
2025 ONSC 4858 (CanLII) · 2025-08-25Workplace Harassment Jurisdiction: Weber Framework Application
This is a jurisdictional motion determining whether claims of workplace harassment, defamation, and intentional interference with economic relations fall under the exclusive jurisdiction of a Grievance Settlement Board or the courts. Applying the Weber v. Ontario Hydro framework, the court analyzed the essential character of the dispute based on the pleadings to determine if it arose from the collective agreement. Costs were awarded to the successful party on a motion to dismiss for lack of jurisdiction.
P. v. University of Windsor et al
2025 ONSC 4218 (CanLII) · 2025-07-18P. v. University of Windsor: Jurisdiction & Pleadings
This is an interlocutory proceeding addressing procedural and jurisdictional issues in a civil action involving a former university employee. The court ruled that leave is required to add new defendants, that defamation pleadings lacked sufficient particularity, and that new human rights claims could not be added without leave. Crucially, the court held that disputes arising from the collective agreement fall under the exclusive jurisdiction of a labour arbitrator, while documents from labour arbitration were not protected by the implied undertaking rule.
T. v. Durham District School Board
2025 ONSC 3118 (CanLII) · 2025-05-30Judicial Review: HRTO Dismissal Upheld
The Divisional Court conducted a judicial review of a Human Rights Tribunal of Ontario decision that dismissed an applicant's application alleging discrimination, sexual harassment, and reprisal in the workplace. The Court applied the reasonableness standard under Canada v. Vavilov and upheld the Tribunal's decision, finding it entitled to deference and supported by evidence. The Court also declined to admit new evidence regarding the union's representation.
B. v. Top Medical Transportation Services
2025 ONSC 1208 (CanLII) · 2025-03-10HRTO Judicial Review: Disability Discrimination in Employment
This is a judicial review of a Human Rights Tribunal of Ontario decision concerning an allegation of employment discrimination based on disability. The Divisional Court upheld the Tribunal's finding that the applicant's ankle injury was transitory and did not constitute a disability under the Human Rights Code, and confirmed that the Tribunal's procedural practices and standard of review were fair.
R. v. Rockwell Automation Canada Ltd.
2025 ONSC 1408 (CanLII) · 2025-03-07Judicial Review: HRTO Dismissal Quashed for Procedural Unfairness
A judicial review application challenging the Human Rights Tribunal of Ontario's decision to dismiss a human rights complaint as abandoned. The Divisional Court quashed the Tribunal's dismissal and reconsideration decisions due to procedural unfairness, finding the Tribunal failed to conduct a necessary contextual analysis of the applicant's failure to respond to an email inquiry.
F. v. NB Thrilling Films 4 Inc. et. al.
2025 ONSC 1308 (CanLII) · 2025-02-27Costs Ruling: WSIA Barred Workplace Claim
This is a costs ruling in a matter where the plaintiff's underlying action was dismissed because the Workplace Safety and Insurance Act (WSIA) barred the right to sue. The court determined that costs should be awarded on the partial indemnity scale rather than the substantial indemnity scale sought by the defendants, considering the defendants' delay in bringing the WSIA application and the shared responsibility to clarify the statute-barred status of the claim.
W. v. D. et al.
2025 ONSC 956 (CanLII) · 2025-02-12W. v. D.: Amending Pleadings in Employment Defamation
This is a procedural ruling regarding a plaintiff's motion to amend a Statement of Claim in an action against an employer for defamation and improper disciplinary actions. The court addressed whether to allow amendments to add parties and provide particulars for the defamation claim, and whether the claim was barred by limitation periods or the grievance process.
O. v. Human Rights Tribunal of Ontario
2025 ONSC 710 (CanLII) · 2025-02-03Judicial Review: Human Rights Tribunal Dismissal
This is a judicial review of a Human Rights Tribunal of Ontario decision that dismissed an applicant's claims of discrimination and reprisal following their termination. The Divisional Court reviewed the Tribunal's finding that the termination was due to policy violations rather than perceived disability or discrimination based on association.
B. v. The Corporation of Norfolk County et al
2025 ONSC 542 (CanLII) · 2025-01-27Employment: Leave to Amend Pleadings for Human Rights Claims
This is an interlocutory motion regarding leave to amend a statement of claim in an employment dispute. The plaintiff sought to add causes of action including breaches of the Human Rights Code, intrusion upon seclusion, and defamation to existing claims of wrongful dismissal and toxic work environment. The court granted leave in part, allowing Human Rights Code claims based on the same factual matrix despite limitation period issues, but denied leave for negligent infliction of mental suffering and intentional interference with contractual relations due to insufficient material facts.
Z.-M. v. Toronto Police Service
2025 ONSC 277 (CanLII) · 2025-01-14Judicial Review: Police Officer Dismissal & Duty to Accommodate
This is a judicial review of a discipline hearing involving a police officer dismissed for discreditable conduct, including offensive tweets. The applicant argued the Hearing Officer breached the duty to accommodate her disability-related needs and that the dismissal violated her Charter rights to freedom of expression and equality.
N. v. Human Rights Tribunal of Ontario
2024 ONSC 7129 (CanLII) · 2024-12-23HRTO Judicial Review: Discrimination Dismissal Upheld
This is a judicial review of a Human Rights Tribunal of Ontario decision dismissing a discrimination application. The Divisional Court upheld the Tribunal's procedural fairness in limiting cross-examination and its evidentiary rulings regarding will-say statements. The Court found the Tribunal's dismissal of the application reasonable, noting no Code-based differential treatment was found and the reasons were transparent and justified.
K. v. Toronto Police Services Board
2024 ONCA 597 (CanLII) · 2024-08-01K. v. Toronto Police Services Board: Judicial Review of Hiring
This is an appeal to the Court of Appeal from a Divisional Court decision regarding a judicial review of a police pre-screening background check. The applicant applied to be a special constable and was rejected after failing a background check conducted by the police service. The Divisional Court decided the background check was public in nature and quashed it for lacking procedural fairness. The Court of Appeal allowed the police service's appeal, concluding that the pre-screening decision was a private employment-related decision. As a result, the application for judicial review was dismissed and the original background check decision stands.