Frequently Asked Questions
- How do I know whether the Code applies to my case?
- Does the Code cover harassment or bullying?
- What can I do if I think that the Code has been violated in my case?
- What help can I get from the Human Rights Legal Support Centre?
- What if I have a union?
How do I know whether the Code applies to my case?
Not all unfair treatment is covered by the Human Rights Code (“Code”). It protects you from discrimination in five areas of your everyday life, called “social areas.” The social areas are:
- Employment
- Housing (either when getting housing or while living in your housing)
- Goods, services and facilities (such as stores, restaurants, police, schools etc.)
- Contracts
- Membership in unions or other associations
Discrimination occurs when you are treated unequally, or differently from others, in a way that hurts or causes you harm. It falls under the Code if the differential treatment is related to certain specific characteristics, called “grounds.”
The grounds set out in the Code are:
- Race
- Colour
- Ancestry
- Place of origin
- Citizenship
- Ethnic origin
- Creed (religion)
- Receipt of social assistance (applies only to housing situations)
- Sexual orientation
- Marital status
- Family status
- Record of offenses (applies only to employment and the person must have been pardoned)
- Age
- Disability
- Sex (includes being pregnant, sexual harassment and gender identity)
You may also be protected if you are treated differently because of your relationship, association or dealings with a person who has one of these characteristics, even if you do not. For example, if you are a straight person but you are known to support people who are lesbian or gay, you could be subjected to discrimination based on sexual orientation.
You are also protected from being unfairly treated as a punishment for speaking out or complaining about discriminatory treatment under the Code. This is called protection from “reprisal.” This is intended to allow persons to pursue their rights under the Code without fear of retaliation for doing so.
Unfair treatment that does not fall within the Code may be covered by other legal protections. For example:
For employment matters, the Labour Relations Act or Employment Standards Act may be relevant. See www.labour.gov.on.ca/english/es/index.php, or www.labour.gov.on.ca/french/es/index.php.
The Ontario Ombudsman has authority to investigate complaints about services provided by the Ontario government. See www.ombudsman.on.ca/Home.aspx.
The Financial Services Commission of Ontario can look into complaints related to matters such as insurance, pension plans, trust companies and mortgage brokers. See www.fsco.gov.on.ca/Pages/default.aspx.
Does the Code cover harassment or bullying?
Harassment is defined in the Code to mean “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.” It can occur in any of the social areas (such as employment, goods and services or housing). This includes bullying.
In order to be covered by the Code, the harassment or bullying must be related to a characteristic that is one of the grounds of discrimination. For example, sexual harassment is a form of sex discrimination, and harassment of new immigrants could be discrimination based on race, colour, ancestry, ethnic origin or place of origin.
Even if the Code does not apply, workplace harassment and bullying is prohibited under workplace health and safety laws. For more information about understanding the law of workplace violence and harassment see the Ministry of Labour’s website or contact the Ministry of Labour at 1-877-202-0008.
What can I do if I think that the Code has been violated in my case?
You can try to deal with the matter informally, by talking to the person that you believe is discriminating against you, or by having a lawyer talk to them for you. If this is not successful, however, you may want to bring an “Application” to the Human Rights Tribunal of Ontario (“HRTO”). The HRTO is a tribunal that resolves disputes under the Code. The adjudicators are individuals who are appointed specifically because of their expertise in human rights matters.
The Application starts a legal process in which your claim can ultimately be determined in a hearing held by a member of the Tribunal. The member of the Tribunal is the “judge” in the case. The hearing is similar to a trial in court. Prior to holding a hearing, the Tribunal will also help you to try to settle the case if both sides agree, through a “mediation.” A mediation involves a member of the Tribunal and the parties involved. The Tribunal member will listen to both sides to try to help the parties to the application come to a resolution.
For a description of the Tribunal’s process, go to www.hrto.ca
For help in discussing your case and what options may be available, you can call the Human Rights Legal Support Centre at. 416-597-4900.
What help can I get from the Human Rights Legal Support Centre?
The Human Rights Legal Support Centre (“Centre”) provides free legal support to people throughout Ontario who believe their human rights under the Code have been violated. The Centre does not help employers, service providers or landlords who have questions about whether they are in compliance with the Code.
The Centre can help you to identify whether the Code is being violated in your case, and what options you have for dealing with it. The Centre can help you to decide whether it would be worthwhile for you to make an Application, and if you choose to do so, it may be able provide legal assistance at the application, mediation and/or hearing stages.
The type of legal assistance provided to each person depends mainly on the nature of the case and available resources. The first step is to phone the Human Rights Legal Support Centre and speak to one of our Human Rights Advisors, at 416-597-4900. Services are provided in more than 140 languages.
What if I have a union?
You should talk to your union representative about any concerns you have about human rights issues in the workplace. Your union can play a big role in helping you to come up with a resolution. This may include bringing a grievance under the collective agreement, since all collective agreements incorporate the Code, which means labour arbitrators can deal with Code issues.
You do not have to file a grievance, but you may want to do so. The grievance process may be faster than the process at the HRTO, and there may be other issues, in addition to those related to the Code, that could not be dealt with by the HRTO. It may also be useful to have the union representing you when bringing the grievance forward.
You are allowed to file an Application to the HRTO in addition to filing a grievance, but this does not mean that the HRTO Application will always be able to proceed. As a practical matter, the HRTO is unlikely to proceed with your Application until the grievance is completed, and it can then dismiss the Application if it considers that the human rights issues have been “appropriately dealt with” in the grievance by the labour arbitrator. In most cases, the result of the grievance is likely to determine the outcome of your case.