Canada has robust human rights laws at both the federal and provincial levels to protect employees from discrimination and harassment. These laws outline the rights and responsibilities of employers and employees when it comes to upholding human rights in the workplace.
This guide will cover key aspects of human rights protections in Canadian workplaces.
What Are Human Rights in the Canadian Workplace?
Human rights in the Canadian workplace refer to legal protections under federal and provincial law that prevent discrimination and harassment based on protected grounds and require employers to accommodate employees’ needs to the point of undue hardship.
Key Human Rights in the Workplace
Key rights outlined in federal and provincial laws include:
- Right to equal treatment and opportunities in all aspects of employment without discrimination based on protected grounds like race, gender, disability, etc. This covers hiring, training, promotions, terminations, etc.
- Right to a workplace free from harassment and discrimination.
- Right to reasonable accommodation of needs related to a protected ground, like a disability.
- The right to ensure that private information, such as medical records or background checks, is not used to unfairly discriminate against an employee or deny them benefits.
Governing Laws: Federal vs. Provincial
Canada divides labour laws between two jurisdictions. It is critical to know which applies to your industry.
Federally Regulated Workplaces
Approximately 6% of the workforce falls under federal jurisdiction. This applies to industries like banking, airlines, telecommunications, and interprovincial transport.
- Canadian Human Rights Act
- Canada Labour Code
- Employment Equity Act
Provincially Regulated Workplaces
Most Canadian employees (approx. 94%) work in industries like retail, manufacturing, healthcare, and hospitality. These are governed by the specific laws of the province where the work takes place, such as:
- Ontario Human Rights Code
- Quebec Charter of Human Rights and Freedoms
- Alberta Human Rights Act
What Constitutes a Human Rights Violation in the Workplace?
There are several ways that workplace human rights can potentially be violated:
Discrimination
Workplace discrimination involves adverse differential treatment of employees based on protected grounds rather than merit, skills or qualifications.
This includes acts such as refusing to hire or promote someone due to their race, gender identity, disability, or other protected characteristics. Paying certain groups less for the same work due to gender, race, etc., also constitutes discrimination under human rights laws.
Similarly, restricting access to training programs, conferences, or other developmental opportunities based on age, family status, or other protected grounds is typically discriminatory.
Harassment
Harassment involves unwelcome words or actions that demean, humiliate, or intimidate employees based on protected characteristics.
Harassment can be verbal, physical, visual, or written. It includes acts such as making derogatory jokes or insults about race, gender identity, or other protected grounds.
Sexual harassment, such as unwelcome sexual advances, requests for sexual favours, or other verbal or physical conduct of a sexual nature, also falls under the umbrella of harassment.
Retaliation
Retaliation occurs when employers punish employees for exercising their human rights or filing formal complaints regarding discrimination or harassment.
Examples of retaliation can include demoting an employee, denying a raise, terminating their employment, or taking other adverse actions in response to an employee raising human rights concerns.
Failure to Accommodate
Failure to accommodate constitutes another form of workplace human rights violation.
This occurs when employers do not make appropriate adjustments for employee needs related to disability, religion, family status, and other protected grounds that would enable them to fully participate in the workplace.
How Are Human Rights Protected in the Workplace?
Human rights laws are enforced by provincial and federal bodies that operate independently from the courts. These bodies (Commissions and Tribunals) are designed to resolve disputes efficiently and accessibly.
The Complaint Process
While procedures vary slightly by province, the general process includes:
- Employees must file an application with the relevant Human Rights Tribunal or Commission.
- The commission investigates the complaint and gathers evidence.
- Settlements can be reached through mediation if both parties agree.
- Unresolved complaints go to a tribunal hearing, where a binding decision is made.
Potential Remedies
If a Tribunal finds that discrimination occurred, they can order remedies to “make the employee whole.” These may include:
- Reinstatement of a terminated employee
- Compensation for lost wages
- Changes to workplace policies
Employees can also consult a human rights lawyer to build their case or file a civil lawsuit against the employer seeking damages.
Legal Options: Tribunal vs. Civil Court
Employees often face a choice. You generally cannot file a complaint with a Human Rights Tribunal and sue in civil court for the same issue simultaneously.
- Human Rights Tribunal: Best for cases where the main issue is discrimination and the goal is to change workplace behaviour or receive damages for dignity.
- Civil Court: Best for cases involving Wrongful Dismissal, where discrimination is just one part of a larger claim for severance pay.
How Can Employers Uphold Human Rights?
To avoid human rights violations and maintain inclusive workplaces, employers should:
- Implement anti-discrimination and anti-harassment policies that align with human rights laws.
- Provide regular human rights training to employees at all levels.
- Have clear procedures for reporting discrimination/harassment and investigating complaints.
- Make reasonable accommodations based on employees’ needs related to protected grounds. This is known as the duty to accommodate.
- Ensure workplace rules and standards consider principles of equity, diversity and inclusion.
- Designate management representatives as points of contact on human rights issues.
What Should Employees Do If Their Rights Are Violated?
If employees experience potential violations of their human rights at work, there are steps they can take:
Thoroughly Document All Details
Documenting details of each incident is advisable, including dates, times, locations, names of perpetrators and witnesses, and evidence like supportive emails, texts, or notes from conversations. This documentation creates a valuable record of events.
Formally Report Issues
Where employees feel safe and comfortable doing so, formally reporting the issue through established workplace complaint procedures enables prompt internal resolution, and employers are obligated to investigate concerns. Union representatives can provide guidance if applicable.
Explore Filing an Official Complaint
If internal resolution is unsuccessful, contacting the provincial human rights commission or tribunal to learn about filing an official complaint within the limitation period, typically one year, is an option. The commission can assess the matter and initiate a formal investigation if warranted.
Consult an Experienced Lawyer
Consulting an experienced human rights lawyer can help employees understand whether what they experienced violates current legislation and what legal options may be available. Lawyers can also assist with gathering evidence and documenting the complaint.
Use Available Support Systems
Making use of support systems, like employee assistance programs, union counselling services, mental health professionals, and other resources, can help employees cope with the psychological impacts frequently associated with workplace discrimination and harassment.
Key Takeaways on Human Rights in the Canadian Workplace
- Canadian workers are protected by either Federal or Provincial laws, depending on their industry. Both jurisdictions strictly prohibit discrimination based on grounds such as race, gender, disability, age, and family status.
- Employers must actively prevent human rights violations through policies, training, reporting procedures, and accommodations.
- Employees should document details and consult experts if they experience violations. They can file complaints with human rights commissions.
- Upholding human rights fosters more diverse, inclusive, and productive Canadian workplaces where all employees are treated with dignity.
FAQs on Human rights in the Canadian workplace
How are human rights protections different for federally vs. provincially regulated workplaces in Canada?
Employers should avoid penalizing employees for not participating in events that conflict with creed (religion) and should consider reasonable accommodation requests, up to undue hardship.
Do human rights laws in Canada allow employers to implement dress code policies?
Dress codes are allowed, but they must not create discrimination or harassment on Code grounds. Avoid sexualized or gender-specific requirements, and accommodate religious attire unless undue hardship applies.
When should Canadian employers provide workplace accommodations?
Employers have a duty to accommodate when an employee's needs relate to a protected ground, unless doing so causes undue hardship based on cost or health and safety.
Is discrimination during the Canadian workplace hiring process illegal?
Yes, human rights laws prohibit discrimination based on protected grounds during all stages of employment including recruiting, applications, interviews and hiring.
Can employers require Canadian employees to attend work social events that are against their religion?
Generally not; employers should accommodate religious beliefs by making social events optional and not penalizing non-attendance.
