Human rights lawyers in TORONTO
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Human rights cases span a wide spectrum as there are numerous grounds upon which a person can be discriminated against (see the list below). The provenance of human rights law evolved out of the concept that it is unjust and morally wrong for individuals to experience adverse treatment because of immutable characteristics they were born with and over which they have no control. Nevertheless, many individuals encounter adverse treatment and the negative consequences of that treatment – both emotional distress and economic damages – unless they seek a legal remedy through the courts or the tribunals. We have litigated numerous cases and helped many individuals regain control over their lives. We represent clients both in Toronto (the GTA) and across Ontario.
The Ontario Human Rights Code prohibits harassment and discrimination on the following protected grounds
- ancestry
- place of origin
- colour
- ethnic origin
- citizenship
- creed
- sex
- sexual orientation
- gender identity
- gender expression
- age
- record of offences
- marital status
- family status
- disability
Discrimination
Discrimination is defined as a distinction, whether intentional or not, based on grounds relating to personal characteristics of an individual or group, which has the effect of imposing burdens, obligations, or disadvantages on such individuals or the group as a whole, or which withholds or limits access to opportunities, benefits, and advantages available to other members of society.
The definition of discrimination has evolved dramatically in Canada over the past century and even over the past few years. There was a time when the most egregious forms of discrimination were not only legal but prevalent because no laws existed to protect members of certain groups. For example, restaurants and bars could refuse service to racialized minorities, landlords could refuse housing, and employers could refuse to hire individuals for personal reasons completely unrelated to merit and the actual requirements of the position. Fortunately, this has changed and every jurisdiction in Canada has enacted human rights legislation that prohibits discrimination in five key social areas which include:
- services, goods, and facilities (such as stores, restaurants, bars, hospitals, and schools)
- accommodation (housing);
- contracts;
- employment; and
- membership in vocational associations and trade unions.
Many human rights cases involve terminated individuals in which a protected ground under the Human Rights Code was causally connected to the termination. As long as the protected ground was part of the reason for the termination, you may be eligible for damages pursuant to the Human Rights Code. In other situations, you may have notified your employer that you need adjustments to your working conditions, or, accommodations, as a result of a protected ground but they are refusing to accommodate you. It is important to know that the law imposes special obligations on employers to accommodate employees to the point of undue hardship. The duty to accommodate is a legal mechanism imposed on all employers as a vehicle to promote equality in the workplace. Because of these obligations it is quite difficult for an employer to argue that they cannot accommodate you. Learn more about the intersection of employment law and human rights by speaking to one of our lawyers.
Harassment
Harassment is defined as vexatious comment or conduct in relation to a person or group of persons which has the effect or purpose of creating a hostile or intimidating working or educational environment when:
- such treatment has the effect of threatening or intimidating a person; or
- such treatment abuses the power that one person holds over another or misuses authority; or
- such treatment has the effect or purpose of offending or demeaning a person or group of persons on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, handicap, age, or marital status
What behaviour qualifies as harassment ?
Harassment may occur during one incident, or over a series of incidents including incidents which, in isolation, would not necessarily constitute harassment. Harassment may be psychological, verbal or physical or may be all of these simultaneously.
Instances of workplace harassment include discrimination, such as:
- unfairly targeting the employee’s work performance with criticism that has no merit
- isolating the employee
- gossiping and spreading rumours
- threatening, shouting, swearing at or insulting an individual, either in public or private
- sending the employee threatening emails
- making excessive demands that are impossible to meet (i.e. setting the employee up to fail)
- shaking a fist in the employee’s face
- threatening the employee’s physical safety such as pushing or kicking
- making offensive references to an individual’s mental or physical disability
- using racist slang, phrases, or nicknames
What can you do?
- Speak to the harasser directly and make sure they know their behaviour is unwanted.
- If speaking to the harasser is not feasible then complain to the employer. It is their responsibility to take action against the harassment once they become aware of it.
- If the above does not work, consult a human rights lawyer to effectively put a stop to it.