Workplace Discrimination in Ontario
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
It is illegal for a federally regulated employer to discriminate against you based on 13 protected grounds:
- Race, national or ethnic origin, colour
- Religion, age, sex
- Sexual orientation, gender identity or expression
- Marital status, family status
- Genetic characteristics, disability
- A conviction for which a pardon has been granted
This covers both direct discrimination (being treated worse because of who you are) and systemic discrimination (rules or practices that have an unfair effect on a protected group). Employers have a duty to accommodate you up to the point of undue hardship.
When does it apply?
- You work for a federally regulated employer.
- Protection applies at all stages of employment — hiring, promotion, day-to-day treatment, and termination.
- The legal test looks at the effect of the conduct, not the intent. Your employer doesn't have to mean to discriminate for it to count.
What to Do If You're Being Discriminated Against at Work in Canada
- Document everything — dates, times, witnesses, emails, and what was said or done.
- Report internally through your employer's complaint process if one exists.
- File a complaint with the Canadian Human Rights Commission (CHRC) within 12 months. You can file online or call 1-888-214-1090.
- There is no fee and you do not need a lawyer to file.
What should you NOT do?
- Don't suffer in silence — discrimination is against the law, and you have the right to complain.
- Don't retaliate against the person who discriminated against you. Use the proper channels.
- Don't delete evidence — save texts, emails, and notes. They may be critical later.
- Don't assume you need to prove intent. The law focuses on the impact, not whether your employer meant to discriminate.
How Ontario differs from federal law
Workplace discrimination in Ontario is prohibited by the Ontario Human Rights Code, R.S.O. 1990, c. H.19, which is enforced by the Human Rights Tribunal of Ontario (HRTO). The Code protects against discrimination in employment on more grounds than the federal Canadian Human Rights Act.
- Protected grounds include: race, colour, ancestry, place of origin, ethnic origin, citizenship, creed (religion), sex (including pregnancy and breastfeeding), sexual orientation, gender identity, gender expression, age, marital status, family status, disability, and record of offences (provincial offences or pardoned federal offences).
- Employers have a duty to accommodate workers with disabilities, religious practices, and other Code-protected needs up to the point of undue hardship — considering cost, health and safety risks, and outside funding sources.
- The Code covers all stages of employment: job ads, interviews, hiring, terms of work, promotions, and termination.
- Harassment in the workplace based on any protected ground is also prohibited. This includes sexual harassment — and the employer and anyone in a supervisory role can be held personally responsible.
Additional Steps in Ontario
File an application with the Human Rights Tribunal of Ontario (HRTO) within 1 year of the discrimination. You do not need a lawyer. Applications can be filed online at sjto.ca/hrto. The Human Rights Legal Support Centre (1-866-625-5179) provides free legal help for people who have experienced discrimination. Remedies can include monetary compensation, reinstatement, and orders for the employer to change its practices.
Relevant Law: Human Rights Code, R.S.O. 1990, c. H.19, ss. 5, 7, 8, 11; Statutory Powers Procedure Act, R.S.O. 1990, c. S.22
Common Questions
When does workplace discrimination apply?
You work for a federally regulated employer.Protection applies at all stages of employment — hiring, promotion, day-to-day treatment, and termination.The legal test looks at the effect of the conduct, not the intent. Your employer doesn't have to mean to discriminate for it to count.
What should I do if I'm experiencing discrimination at my Canadian workplace?
Document everything — dates, times, witnesses, emails, and what was said or done.Report internally through your employer's complaint process if one exists.File a complaint with the Canadian Human Rights Commission (CHRC) within 12 months. You can file online or call 1-888-214-1090.There is no fee and you do not need a lawyer to file.
What mistakes should I avoid with workplace discrimination?
Don't suffer in silence — discrimination is against the law, and you have the right to complain.Don't retaliate against the person who discriminated against you. Use the proper channels.Don't delete evidence — save texts, emails, and notes. They may be critical later.Don't assume you need to prove intent. The law focuses on the impact, not whether your employer meant to discriminate.
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