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Human RIghts
Human Rights Legal Services for Workers
We assist workers in all of their human rights matters arising in the workplace, including:
[+] Discriminatory Treatment
[+] Disability & Accommodation
[+] Reprisal (or Threat of Reprisal)
[+] Sexual Harassment in the Workplace
[+] Discrimination due to Pregnancy
[+] Perceived Disability
Regardless of what stage you are at in the human rights process, if you require legal representation we offer affordable fees.
Dimeski Law represents workers both at the Human Rights Tribunal of Ontario and the Canadian Human Rights Tribunal.
[+] Discriminatory Treatment
[+] Disability & Accommodation
[+] Reprisal (or Threat of Reprisal)
[+] Sexual Harassment in the Workplace
[+] Discrimination due to Pregnancy
[+] Perceived Disability
Regardless of what stage you are at in the human rights process, if you require legal representation we offer affordable fees.
Dimeski Law represents workers both at the Human Rights Tribunal of Ontario and the Canadian Human Rights Tribunal.
[+] Discriminatory Treatment
"My employer is treating me differently than other workers because of my personal characteristic"
In Ontario, employers are prohibited from treating you differently or unfairly based on any of the personal characteristics listed under the Human Rights Code:
If you experienced unfair treatment and harm due to any one of these personal characteristics in your workplace, then you may have experienced discrimination. As a result, you may be entitled to human rights compensation, such as:
The limitation period (i.e. deadline) to bring a human rights application is within 1 year of the last act of discrimination. If you are past this deadline, you may still have a case.
- Disability
- Race & Colour
- Sex (includes Pregnancy and Sexual Harassment)
- Sexual Orientation
- Gender Identity & Gender Expression
- Family Status & Marital Status
- Age
- Creed (Religion)
- Place of Origin, Citizenship, Ancestry, Ethnic Origin
- Record of offences (must have been pardoned)
If you experienced unfair treatment and harm due to any one of these personal characteristics in your workplace, then you may have experienced discrimination. As a result, you may be entitled to human rights compensation, such as:
- Special Damages (lost wages, benefits, and out of pocket expenses)
- General Damages (for pain and suffering as a result of the discrimination)
- Public Interest Remedies (change in workplace policies, training, and education)
The limitation period (i.e. deadline) to bring a human rights application is within 1 year of the last act of discrimination. If you are past this deadline, you may still have a case.
[+] Disability & Accommodation
"I have a disability/injury and my employer refuses to accommodate me"
Employers have a duty to accommodate your disability/injury to the point of undue hardship. This means that if you have limitations and restrictions as a result of your disability/injury, the employer has a duty to accommodate such limitations and restrictions. For example, you might need to work in a modified position, reduced hours, perform other duties such as "light duties", or be provided with a different position where you can perform the essential duties.
The term "undue hardship" refers to a defense that the employer may have, but this is a high bar to meet and employers may claim "undue hardship" when in reality there was no actual undue hardship.
Employers have an obligation to accommodate your disability, regardless of where you acquired your disability and how it was acquired. For example, a physical disability that was caused by your actions outside of work (e.g. breaking your leg while playing soccer with friends) still has to be accommodated. However, in the event that you acquired your disability as a result of working (i.e. you were injured on the job while working), then you may also be entitled to additional compensation at the Workplace Safety and Insurance Board.
The term "undue hardship" refers to a defense that the employer may have, but this is a high bar to meet and employers may claim "undue hardship" when in reality there was no actual undue hardship.
Employers have an obligation to accommodate your disability, regardless of where you acquired your disability and how it was acquired. For example, a physical disability that was caused by your actions outside of work (e.g. breaking your leg while playing soccer with friends) still has to be accommodated. However, in the event that you acquired your disability as a result of working (i.e. you were injured on the job while working), then you may also be entitled to additional compensation at the Workplace Safety and Insurance Board.
[+] Reprisal (or Threat of Reprisal)
"I stood up for my human rights and now I'm fired/disciplined - (or was threatened that I would be)"
You felt your human rights were being violated and complained to the employer, and rather than addressing your concerns, the employer decided to punish you. The Human Rights Code prohibits any retaliation from your employer when you exercise your human rights, and as a result you could be awarded additional compensation if reprisal occurs. Even in situations where you may have been mistaken about a violation of your human rights, if the employer retaliated, then you could be owed compensation.
[+] Sexual Harassment in the Workplace
"My boss/co-workers are making sexually inappropriate comments, jokes, or actions"
The employer has a duty to ensure you work in a safe environment, that is free of any harassment and violence, including sexual harassment. Workers are protected under both the Human Rights Code and the Occupational Health and Safety Act from any vexatious comments and conduct that is known to be unwelcomed. When the harassment is due to your gender, it becomes sexual harassment. This abusive behaviour can create a poisoned or toxic work environment, such that it could force you to resign (see "Constructive Dismissal" under the Employment Law heading) and as a result you may be entitled to termination pay. Working in a such a toxic environment may also entitle you to different forms of compensation, depending on the severity and impact the abusive conduct has on you. For example, for some individuals it may lead to developing "chronic mental stress" or "depression and anxiety". This can be a complicated area of law as there are many adjudicative bodies that handle these matters - each with their own rules and remedies.
Sexual harassment, including sexual solicitation and derogatory gendered comments, are prohibited under the Human Rights Code. Even a single occurrence can be considered harassment. In addition, while the employer may not have engaged directly in the behaviour (for example where the behaviour was solely at the hands of another co-worker) the employer can still be held liable if the behaviour took place at work or in the context of employment.
Sexual harassment, including sexual solicitation and derogatory gendered comments, are prohibited under the Human Rights Code. Even a single occurrence can be considered harassment. In addition, while the employer may not have engaged directly in the behaviour (for example where the behaviour was solely at the hands of another co-worker) the employer can still be held liable if the behaviour took place at work or in the context of employment.
[+] Discrimination due to Pregnancy
"i DID NOT COME BACK TO MY ORIGINAL POSITION AFTER MY MATERNITY LEAVE"
As a new parent, you went on maternity or parental leave in order to take care of your child. The employer has hired a replacement for your position during your leave. However, upon returning to work, the employer has decided they want to keep the replacement and move you to another position or change your duties drastically. This could amount to discrimination under the Human Rights Code and also a violation of the Employment Standards Act, 2000. An employer cannot refuse to give you your job back because it prefers the person who was hired to replace you during the leave. You ought to be reinstated to the position you most recently held with the employer, or, if that no longer exists, a comparable position.
[+] Perceived Disability
"My boss is treating me unfairly because they think I have a disability"
The employer's perception or belief that you have a disability, even though you do not have a disability, can be considered discrimination if such treatment is causing you harm. For example, if the employer believes you have certain limitations and restrictions, when in fact you do not have such limitations and restrictions, and as a result they decide to terminate your employment, can be considered discrimination.