In Ontario all individuals have the right to “equal treatment with respect to employment”. This applies:
- to when a person is applying for a job;
- during recruitment;
- at the training stage;
- to transfers of employment;
- with respect to promotions;
- to terms of apprenticeship;
- without question in regards to dismissal and layoffs.
The right to equal treatment also extents to matters respecting rate of pay, overtime, hours of work, holidays, benefits, shift work, disciplinary procedures and performance evaluations.
The Ontario Human Rights Code ( Code) states that every person has a right to equal treatment with respect to employment without discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability.
Issues often arise in the context of:
- an employer’s duty to accommodate employees with disabilities;
- workplace and/or sexual harassment; and
- employment requirements ( bona fide or not) which conflict with an employee’s abilities or status.
For employers and employees alike, it is important to understand the function, purpose and impact that the Code can have on this very important relationship.
RV Law is able to provide the advice and experienced legal counsel necessary in order to ensure that workplaces are in compliance with the Code through the development of Policies and Practices. Where breaches of the Code have occurred in the context of employment, our firm can be relied upon to vigorously represent our clients before the Ontario Human Rights Tribunal.