And employees have rights!
Every jurisdiction in Canada has human rights legislation in place which prohibits harassment and discrimination based on enumerated grounds. Their purpose is to ensure that minorities and traditionally disadvantaged groups do not suffer from unequal treatment in various contexts, including employment. This applies to all employment-related decisions and circumstances, including:
- hiring and promotions,
- accommodation of disability, and
- termination of employment.
Many people come to our human rights law firm for consultation on their workplace human rights concerns (i.e. discrimination and/or harassment). Our reputation for sensitivity, high quality customer service and tireless advocacy is second to none.
Why do I need a human rights lawyer?
We handle cases involving:
Direct Discrimination
It should be obvious that employers cannot, except in unusual circumstances,
- refuse to hire, or
- make termination decisions,
based upon grounds such as
- religion, or
- sexual orientation
- gender identity
- mental or physical disability
- race or ethnic origin
- age
Discriminating based on such grounds is direct discrimination.
Indirect Discrimination
However, indirect discrimination is also prohibited. For example, a job posting that says “No Jews will be considered” is direct discrimination. A job posting that says applicants must be available to work on Saturdays may indirectly discriminate against the same group since some Jews cannot work on Saturday as they observe the Sabbath.
Accommodation
Sometimes individuals need to be accommodated in one way or another. For example, they might
- be in a wheelchair and need to ensure that the workplace is accessible,
- be unable to work on certain days due to religious obligations,
- be physically unable to do certain tasks (like lifting heavy weights or standing for extended periods),
- suffer from anxiety or depression, and/or
- have child or eldercare obligations.
The law requires that your employer make efforts to accommodate any ground protected by human rights legislation. They cannot simply ignore or reject your request for accommodation without proper consideration