Discrimination at work is rarely stated out loud.

Ontario’s Human Rights Code protects employees from discrimination on grounds including disability, sex, pregnancy, age, race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, marital status, family status and record of offences. Very little of it announces itself. It shows up as the accommodation that never arrives, the promotion that goes elsewhere, or the role eliminated shortly after a leave.

The deadline is the part that catches people. An application to the Human Rights Tribunal of Ontario generally has to be filed within one year of the last incident, and a late application is accepted only in limited circumstances. Discrimination that builds slowly over several years can still leave a short window in which to act.

YOU DESERVE TO BE TREATED FAIRLY

WRONGFUL DISMISSAL
GUIDANCE WHEN YOUR JOB OR INCOME IS AT RISK.
HARASSMENT & DISCRIMINATION
SUPPORT IN SENSITIVE WORKPLACE CONFLICTS.
SEVERANCE & COMPENSATION
CLEAR ADVICE ON WHAT YOU MAY BE OWED.
STRATEGIC REPRESENTATION
PRACTICAL LEGAL ACTION WHEN YOUR RIGHTS ARE ON THE LINE.
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The duty to accommodate

An Ontario employer has to accommodate an employee’s needs related to a protected ground up to the point of undue hardship. Undue hardship is a genuine legal threshold, assessed on cost, outside sources of funding and health and safety requirements. Inconvenience does not reach it, and neither does an employer that offered one option and stopped.

Accommodation runs both ways. The employee has to explain the need and take part in finding a workable arrangement, though the employee does not have to hand over an entire medical history to do it.

WHERE DISCRIMINATION USUALLY SURFACES

  • Disability and accommodation

    requests denied, delayed, or answered with one option

  • Pregnancy and family status

    roles changed or eliminated around a leave or caregiving obligation

  • Race, origin and creed

    in hiring, advancement and daily treatment

  • Age, sex and identity

    including gender identity and gender expression

Talk With Our Legal Team

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What a human rights claim is built on

These claims are proved by pattern and timing rather than by a single remark. What matters is the sequence: what you asked for, what the employer said back, what changed afterwards, and how comparable employees were treated over the same period. Most of that lives in emails and calendar entries you still have access to today and may not tomorrow.

  • The accommodation request, in writing, and the employer’s response to it
  • Medical documentation supporting the need, without your full medical file
  • Performance reviews from before and after the request, leave or disclosure
  • A dated log of incidents and remarks
  • How comparable colleagues were treated in similar circumstances

What can the Tribunal award you?

The Tribunal can order compensation for lost wages, compensation for injury to dignity, feelings and self-respect, and non-monetary remedies such as training or policy changes. Reinstatement is available and rarely ordered. Amounts vary widely with the seriousness of the conduct and the effect on the employee.

Tribunal or court?

The two routes do not run side by side. A Code claim can be advanced at the Tribunal, or in a civil action where it accompanies another claim such as wrongful dismissal, but not in both places at once for the same matter. Where a dismissal and discrimination overlap, the choice of forum is a strategic decision made at the start.

Filing without a lawyer

The Tribunal is designed to be accessible and there is no filing fee, so a straightforward application can be made without counsel and many are. Legal help earns its keep on the harder questions: whether the conduct meets the legal test, how the claim is framed, what evidence proves it, and whether a related dismissal claim belongs in court instead.

Claim Process

Our Workplace Human Rights Experience

Samiya Ahmad advises on accommodation, discrimination and reprisal, and appears before the Tribunal. Book a free consultation.

1

Results

These files turn on documented sequence and on choosing the right forum early, because the one year Tribunal deadline forgives very little.

2

Relationships

Accommodation and discrimination files often involve health information you would rather not repeat to several people. You deal with the lawyer handling yours. The firm works in several languages, with interpreters available.

3

Recovery

Recovery here means more than money. It can mean the accommodation you asked for, a workplace policy that changes, or a departure on terms that reflect what happened.

Service Areas

Human Rights Claims Etobicoke

Discrimination and accommodation advice for Etobicoke employees, from the Four Seasons Place office in Etobicoke.

Human rights claims for Mississauga employees, including pregnancy and family status.

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FAQS

Common Questions About Human Rights

How long do I have to file a human rights application in Ontario?

Generally one year from the last incident of discrimination. Where the discrimination is a continuing series of events, the year runs from the most recent one. Late applications are accepted only in limited circumstances, so confirm the date early instead of assuming it is generous.

Your employer has to accommodate needs tied to a protected ground up to the point of undue hardship, and has to work through the available options with you before concluding that none of them fit.

Normally no. An employer is entitled to information about your restrictions and needs, not to a diagnosis or your full medical history.

Lost wages, compensation for injury to dignity, feelings and self-respect, and remedies such as training or policy change. Reinstatement is possible but uncommon.

Usually through the Tribunal, or in a civil action where the Code claim accompanies a dismissal claim. You can’t run the same matter in both places at once.

By pattern and timing. What you asked for, what the employer said, what changed afterwards, and how comparable colleagues were treated over the same period.

SPEAK WITH AN EMPLOYMENT LAWYER TODAY

If you are facing wrongful dismissal, workplace harassment, or another employment dispute, our employment lawyers help individuals across Ontario understand their rights and pursue fair outcomes.