Human Rights System | Prevent Discrimination
Are you trying to learn more about the Ontario Human Rights Commission? Human rights are very important and that’s why the tribunal of Ontario exists. Many growing businesses stress about hiring but give off the attitude that “Immigrants need not apply.” If you are looking for employment lawyers, we have them in Toronto. Contact us to book an initial consultation.
Also, if you being called in front of the human rights tribunal, our lawyers might be able to represent you. The tribunal of Ontario is no joke. The consequences can be very severe.
The human rights commission (OHRC) is in charge of making sure the Ontario human rights code is followed.
If you need human rights legal support, our lawyers are available to represent you. If you plan to do an employment lawsuit, the lawyers might be able to work on contingency. This means they will take a percentage of the fees you are awarded. Therefore, you don’t need to pay the employment law firm per hour.
The main point of the Ontario human rights code is to prevent discrimination. Also, it provides a guideline for those that have experienced discrimination.
It’s stressful as a business owner. You have to make sure you hire the right people. Also, you need to make sure you don’t get in trouble with the human rights tribunal. You also need to prevent discrimination in the workplace.
Two biggest concerns for companies are:
- Can we afford more staff?
- Am I hiring the right person?
From the lawyer perspective, the risks include:
- A Human Rights claim
- Failing to put a strong contract in place
- Failing to make the offer conditional
- Making representations that will expose the company to liability
Equal Rights And Opportunities Without Discrimination
Human rights legislation protects people from discrimination in the hiring process. Most employers know that they cannot explicitly discriminate based on protected grounds; job postings that say things like “Immigrants need not apply” are few and far between. However, employers often inadvertently expose themselves to claims by acquiring information relating to a prohibited ground. For example, they might learn that a candidate is undergoing cancer treatment, or trying to have children.
When they subsequently choose another candidate for perfectly legitimate reasons, the unsuccessful candidate can make an allegation that the real reason for the decision was the prohibited ground, and the onus then falls on the organization to disprove it, which can be quite difficult.
You can reach out to our top employment lawyers. You can do this by contacting us using the live chat function in the bottom right of the screen.
As we often say, “you don’t want to know any more than you need to.” Avoid obtaining unnecessary information, whether it comes from idle chit chat during an interview, social media, or otherwise. And, in order to defend any hiring decisions, document the reasons why candidates were or were not successful.
Human Rights System | Human Rights Legal Support
The single best thing you can do to protect your rights as an employer is to have every employee sign a strong employment agreement. Every employee in Canada has a contract of employment; however, in many cases, the contract is verbal and includes many terms that are implied by law and are there for the benefit of the employee. Among others, these include the requirement to provide “reasonable notice” in the event of dismissal, which can be a tremendous cost in which a well-written termination clause can dramatically reduce.
That said, the best-written contract will be worthless if not implemented properly. Unfortunately, many employers still have employees sign agreements when they start work, or even after. By that time, they already have a verbal agreement in place.
The best time for an employer to protect their rights is when they make an offer of employment. If done properly, a contract can be used to increase flexibility while also reducing costs and obligations.
Human Rights Tribunal | Ontario Human Rights Commission
Before firming up an offer of employment, a prospective employer should ensure that the candidate is legally entitled to work in Canada, and conduct any background or reference checks that would be appropriate. They should not assume that this is automatic; if they want the offer to be conditional, then it should explicitly state this.
While employers can require that a candidate is legally entitled to work in Canada, they cannot ask where they are from, and they cannot insist that the candidate be eligible to work in Canada on a permanent basis. This was confirmed in Haseeb v Imperial Oil Limited, in which the Tribunal found that a permanence requirement was discriminatory on the ground of citizenship. Candidates who have work visas and permits which allow them to work in Canada on a non-permanent basis should be given due consideration for available positions.
Employers should promote, protect, and advance the human rights system.
Employees should have equal rights and opportunities without discrimination.
Ontario Human Rights Code | Human Rights Commission OHRC
Did you induce someone to leave secure employment in order to join your organization? Did you mislead someone about the position available, their career prospects, compensation, or otherwise? Then you risk exposing the company to additional liability. First, the inducement is a factor that will increase an employee’s entitlement to severance – though this can be neutralized by using an effective termination clause in an enforceable contract. Second, misrepresentations can be relied upon to bring an action against the employer.
Ontario Human Rights Commission | Legal Support Centre
The hiring process can be a legal minefield. However, through proper policies, procedures, and contracts, employers can protect themselves.
The employment laws in Canada are drafted for the primary purpose of protecting employees. Employers need to understand their rights and obligations so that they can make informed, strategic decisions. We help them to do so.
If you enjoyed this article and you need to reach out to an Ontario employment lawyer, please reach out to us by filling out one of our forms.
If you want to learn more about Canadian law, see the articles below: