Human Rights

Haber & Associates is experienced in helping employers respond to Human Rights complaints.  The Ontario Human Rights Code is a provincial law which protects people in Ontario against discrimination and harassment in a variety of areas, including within the  context of employment.  As an employer, it is vital for management to know the basics of human rights law. There are currently 15 prohibited grounds of discrimination in employment under the Ontario Human Rights Code which include record of offences, same sex partnership status, family status issues,  marital status, age, handicap issues, sexual orientation issues, sex (pregnancy), religion, citizenship issues, ethnic origin issues, colour issues, place of origin issues, ancestry issues and racial issues.  Language is also a prohibited ground of discrimination with respect to any discrimination caused against a person’s ethnic language.

It is also important for an employer to know that discrimination is not simply confined to an employment relationship, (i.e. an employer/employee relationship by contract).  The issue of discrimination permeates into the entire umbrella of employment relations including advertisement to fill a position, agency recruitment, head hunting recruitment, agency referrals, application forms and interviews.  Discrimination also applies to the entire process of the express or implied employment relationship and at the point of termination or employment exit.

I often advise employers that all Canadian jurisdictions have Human Rights legislation that deals with discrimination and employment and this legislation differs from The Charter of Rights and Freedoms, which applies only to actions by the government.  Human Rights legislation applies to everyone.  Further, discrimination is by law defined as a distinction, whether intentional or not, based on grounds relating to personal characteristics of an individual or group which has the effect of imposing burdens, obligations or disadvantages on such individuals or groups not imposed upon others which withholds or limits access to opportunities, benefits and advantages available to other members of society.  This Supreme Court of Canada definition is important for employers in that distinction does not have to be intentional to be discrimination.  If distinction is made unintentionally, employers could still be penalized for discriminatory behaviour even if the discriminatory behaviour is a less obvious form of discrimination that is not directly discriminatory.

If a Tribunal decides that it will consider an application, it will send to your company a copy of the completed application form or forms as soon as it decides to accept the application in the process.  You will receive a response form which includes information about how to complete the response form and you will be warned of the time limit for doing so.  Haber & Associates is experienced at assisting companies complete these response forms within the proper confines of legislative argument and response.  I would suggest that you do not try and defend this yourself.  Rather, employment lawyers at our law firm will be able to properly assist you within the limitation time frame and guide you through the Human Rights process.  Our aim at Haber & Associates has always been to assist companies in bringing law suits and administrative issues to an end as quick as possible  in the most cost effective manner.  While some firms believe in litigating issues into the ground, for the past 38 years Haber & Associates has taken pride in being skillful in negotiation tactic to help companies save money.

Please note that limitations on Human Rights complaints are very time constrained.  If you would require our assistance in responding to Human Rights applications, please do not waste any time and contact a lawyer at Haber & Associates immediately. You may contact Matt Lalande at 905-639-8894 or by emailing him at matt.lalande@haber-lawyer.com.  Matt or another employment lawyer will be able to assist you without delay.