PRACTICE OVERVIEW
Discrimination in Employment
Where an employer’s conduct is discriminatory, an employee may have an additional avenue for redress both during and after the termination of the employment relationship. An employee who has experienced discrimination should review their employer’s policy regarding discrimination in the workplace, if any, and consult with counsel as soon as possible.
Prohibited grounds of discrimination in employment may include:
- Race
- Ancestry
- Origin
- Colour
- Citizenship
- Disability
- Medical absences from work
- Ethnic Origin
- Creed
- Sex
- Sexual advances
- Sex solicitation
- Sexual Harassment
- Pregnancy
- Gender
- Sexual orientation
- Family status
- Marital status
- Age
- Reprisal
The list above is not exhaustive. In some instances, a complaint of discrimination may be advanced before a Court in conjunction with another claim such as wrongful or constructive dismissal. In some instances, provincially regulated employees may be required to seek redress through a complaint to be heard by the Human Rights Tribunal of Ontario (“HRTO”) (see also Federally Regulated Employees). There are significant differences between the remedies available at Court and those available at the HRTO. An employee should be aware of these differences at the commencement of any complaint or claim. Employees seeking to advance a complaint of discrimination against their current employer prior to the termination of employment or resignation therefrom should consult with counsel prior to doing so and as soon as possible after an incident of discrimination. Where discrimination was a factor in the employer’s decision to terminate employment, there may be additional monetary consequence for the employer. Employees should consult with counsel prior to signing any employer documentation post-termination.