Workplace Discrimination — Ontario
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?
The Canadian Human Rights Act draws a hard line: a federally regulated employer cannot discriminate on any of these 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
The Act covers both direct discrimination — treating you worse because of who you are — and systemic discrimination, where a neutral-looking rule lands harder on one group than another. Employers carry a duty to accommodate right up to the point of undue hardship, which is a higher bar than most employers realise.
When does it apply?
- You work for a federally regulated employer.
- Protection runs through every stage of the employment relationship — hiring, promotion, day-to-day treatment, and termination.
- The legal test looks at the effect, not the intent. An employer doesn't have to mean to discriminate for the conduct to be unlawful.
What to Do If You're Being Discriminated Against at Work in Canada
Most discrimination cases come down to what the file looks like a year later. Start the file the day it starts.
- Document everything — dates, times, witnesses, the actual words used. Save emails. Print where you can.
- Use the internal complaint process if one exists. Even where it fails, the paper trail helps later.
- File with the Canadian Human Rights Commission (CHRC) within 12 months. Online filing or 1-888-214-1090.
- No fee, no lawyer required — the Commission process is built for self-represented complainants.
What should you NOT do?
- Don't suffer in silence hoping it'll stop. Discrimination patterns rarely correct themselves.
- Don't retaliate against the person. Stay in the formal channels — they have teeth.
- Don't delete the receipts. Texts, emails, voicemails — they may be the case.
- Don't go in trying to prove intent. Effect is enough. The law isn't asking what your boss was thinking.
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
What is the workplace discrimination right in Canada?
The Canadian Human Rights Act draws a hard line: a federally regulated employer cannot discriminate on any of these 13 protected grounds:Race, national or ethnic origin, colourReligion, age, sexSexual orientation, gender identity or expressionMarital status, family statusGenetic characteristics, disabilityA conviction for which a pardon has been grantedThe Act covers both direct discrimination — treating you worse because of who you are — and systemic discrimination, where a neutral-looking rule lands harder on one group than another. Employers carry a duty to accommodate right up to the point...
When does workplace discrimination apply?
You work for a federally regulated employer.Protection runs through every stage of the employment relationship — hiring, promotion, day-to-day treatment, and termination.The legal test looks at the effect, not the intent. An employer doesn't have to mean to discriminate for the conduct to be unlawful.
What should I do if I'm experiencing discrimination at my Canadian workplace?
Most discrimination cases come down to what the file looks like a year later. Start the file the day it starts.Document everything — dates, times, witnesses, the actual words used. Save emails. Print where you can.Use the internal complaint process if one exists. Even where it fails, the paper trail helps later.File with the Canadian Human Rights Commission (CHRC) within 12 months. Online filing or 1-888-214-1090.No fee, no lawyer required — the Commission process is built for self-represented complainants.
What mistakes should I avoid with workplace discrimination?
Don't suffer in silence hoping it'll stop. Discrimination patterns rarely correct themselves.Don't retaliate against the person. Stay in the formal channels — they have teeth.Don't delete the receipts. Texts, emails, voicemails — they may be the case.Don't go in trying to prove intent. Effect is enough. The law isn't asking what your boss was thinking.
Workplace Discrimination in other states
Same topic, different jurisdiction. Pick the one that applies to you.