The Human Rights Code (“the Code”) gives everyone the right to equal treatment with respect to employment without discrimination or harassment because of the following: race, sex, sexual orientation, gender identity or expression, family status, disability, and several other grounds.
Applying to all provincially regulated workplaces, the Code is a powerful law that can override other laws.
The Code covers every aspect of the employment relationship and the workplace environment. This means an employee’s human rights are protected in the areas of training, transfers, promotions, dismissals and lay-offs, discipline, performance evaluations and shift work.
In fact, the Code even protects prospective employees during the job application, recruitment and hiring process.
Disabilities in the workplace is one of the fastest growing areas of human rights law. The Code protects both physical and mental disabilities. The definition of disability is broad and does not necessarily require a formal medical diagnosis.
Physical disabilities are illnesses or injuries that impair an employee’s ability to function at the workplace. It includes things like arthritis and back problems.
Mental disabilities are “invisible” psychological or cognitive issues that impair workplace function. It includes things like depression, anxiety, and learning disabilities.
The Code requires that employers accommodate disabilities to the point of “undue hardship.” This means the employer may be legally required to modify work duties or provide leaves for an employee to seek medical treatment.
An employer cannot choose to exclusively hire male employees for a physically demanding job on the assumption that women are incapable of that type of work. Doing so is discrimination on the basis of sex.
Unwelcome comments or jokes related to sex, religion, gender identity or race are examples of harassment.
Systemic discrimination refers to policies or practices that appear to be neutral but have discriminatory effects.
For example, an employer cannot require that all employees stay late to finish a special project or face discipline. Such a practice may be discriminatory against employees with childcare obligations that are protected under the family status provision of the Code.
Importantly, the Code contains an anti-reprisal provision. This means an employer is prohibited from retaliating against an employee for trying to enforce a right under the Code.
Human rights at the workplace is a complex area of law. The specific facts of each case should be analyzed by an employment lawyer who is able to provide confidential advice.
At Chatham-Kent Legal Clinic we provide advice and representation to people about human rights at the workplace. If your case has merit and your family income is low, then the legal clinic may be able to represent you. If your family income is not low enough to qualify for our services, we will refer you to the private bar.
Travis McKay, CKLC Employment Law Lawyer (www.cklc.ca, 519-351-6771)
