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 workplace refer to legal protections that aim to prevent discrimination and harassment so that employees are treated fairly, with dignity and respect.
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.
- Right to privacy of personal information like health records or credit checks.
Governing Laws
Federally regulated workplaces like banks, airlines, and telecoms are covered by:
- Canadian Human Rights Act
- Canada Labour Code
- Employment Equity Act
Provincially regulated workplaces fall under provincial human rights codes 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 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.
Unsafe Environment
Allowing an atmosphere where discriminatory behaviours are tolerated also violates employees’ human rights by creating an unsafe work environment.
Not having proper policies and complaint procedures in place or failing to respond to racist, sexist, homophobic or other harassing behaviours enables a poisoned workplace culture where discrimination takes root.
How Are Human Rights Protected in the Workplace?
Federal and provincial human rights commissions oversee human rights laws and accept employee complaints.
The complaint process involves:
- Filing a complaint within a specified time period, often 1 year from the violation.
- 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.
Remedies ordered by tribunals can 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.
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.
Consider Legal Action
Filing a civil lawsuit against the employer claiming damages over lost income, benefits, expenses, emotional distress, and other harm resulting from proven human rights abuses might provide the best chance of fair compensation.
Terminated employees may also have a case for constructive dismissal and should consult an employment lawyer.
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
- Federal and provincial laws protect employees from discrimination and harassment based on protected grounds like race, gender, disability, etc.
- 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 Canadian workplace
How are human rights protections different for federally vs. provincially regulated workplaces in Canada?
Federally regulated industries follow the Canadian Human Rights Act, while provincially regulated ones follow provincial/territorial codes. The protections are generally similar regarding discrimination and harassment.
Do human rights laws in Canada allow employers to implement dress code policies?
Yes, provided the dress code does not discriminate based on protected grounds. Employers should accommodate religious attire needs and avoid gender-specific policies.
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.