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.

The Ontario Human Rights Commission is a premier government organization in Ontario, Canada, dedicated to safeguarding human rights in the province. It combats discrimination and harassment on various grounds such as race, gender, sexual orientation, and disabilities, among others, to create a just and equal society for all.

The OHRC’s mission is to promote and defend human rights through research, public education, and policy development. It has the authority to investigate complaints of human rights violations and to make recommendations, as well as initiate its own legal proceedings. The OHRC also offers support to individuals who have experienced discrimination and works to resolve disputes through mediation and other alternative dispute resolution methods.

The OHRC operates as an autonomous agency while collaborating with key organizations and stakeholders, including the Ontario government, to ensure the protection and respect of human rights in the province. Its goal is to build a fair and inclusive society where every person can live with dignity, respect, and equality.

How do I file a human rights complaint in Ontario?

If you believe that your rights have been violated according to Ontario’s Human Rights Code, you have the option of filing a complaint with the Ontario Human Rights Commission.

Collect any relevant documents such as emails, letters, or witness statements that support your claim.

Ensure that you file your complaint within one year of the last instance of discrimination.

You can initiate contact with the OHRC via phone, email, or in person to discuss your complaint and receive advice on the next steps.

Obtain the complaint form from the OHRC website or through direct contact. You’ll need to provide a thorough description of the events leading to the alleged discrimination, including the date, place, and names of individuals involved.

Submit the completed complaint form to the OHRC either online or through the mail.

The OHRC will review your complaint to determine if it meets the requirements of the Human Rights Code and if an investigation is necessary.

If the OHRC decides to investigate, they may request additional information and documents from both you and the respondent, as well as interview witnesses.

It’s important to note that the OHRC prioritizes early resolution of human rights complaints through alternative dispute resolution methods, such as mediation if both parties are willing. If alternative dispute resolution is not possible, the OHRC may refer the case to the Human Rights Tribunal of Ontario for a hearing.

Percentage of the fees

If you need human rights legal support, 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.

The two biggest concerns for companies

Can we afford more staff?
Am I hiring the right person?

From the lawyer’s 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.

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 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 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.

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.

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, inducement is a factor that will increase an employee’s entitlement to severance. However, 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 and the 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 need to reach out to an Ontario employment lawyer, please reach out to us by filling out one of our forms.

What is the Ontario Human Rights Commission do?

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