The Human Rights Code of Ontario says that every person is entitled to a workplace free from harassment and discrimination. The Code applies to all workers in Ontario except those who work for the federal government or in an industry regulated by the federal government.
What is harassment?
Harassment is defined as any unwelcome action by any person, whether verbal or physical, on a single or repeated basis, which humiliates, insults, or degrades another person. The term “unwelcome” means any action which is known, or ought reasonably to be known, is not desired by the victim.
What if the person is just joking around or trying to be funny?
Harassment is not a joke. It creates feelings of uneasiness, humiliation, and discomfort. It is an expression of perceived power and superiority by one person over another., usually for reasons over which the victim has little or no control such as gender, race, age, sexual orientation, disability, religious affiliation, or place of national origin. Harassment is against the law!
What is racial harassment?
Racial harassment includes any unwanted comments, racist statements, slurs, jokes, racist graffiti.
What is sexual harassment?
Sexual harassment includes any unwanted attention of a sexual nature such as remarks about appearance, offensive graffiti, degrading pictures, physical contact or sexual demands.
Does my employer have to do anything about harassment in the workplace?
Under the law, your employer or supervisor is legally responsible for stopping or preventing harassment in the workplace.
What if it is the employer doing the harassing?
It is illegal for your employer or supervisor to make sexual suggestions or requests of any employee.
It is also illegal for any employer, supervisor, or other person in authority to take reprisals against an employee for rejecting a sexual advance or solicitation.
What is discrimination?
Discrimination is defined as unfair treatment based on a person’s race, ancestry, sex, colour, disability, sexual orientation, age, place of origin, or religion. An employer can not discriminate against an employee on any of the above grounds. Discrimination is against the law!
What aspects of employment are covered by the Human Rights Code?
All aspects of employment are covered, including application forms, recruiting, interviews, promotions, dress codes, and work schedules.
Are human rights just for people of colour?
Human rights are for all workers. We all start off young, eventually get old, sometimes fall ill, have family responsibilities, or hold religious convictions. Human rights protections are there for workers in all these conditions. If you are injured or fall ill, for example, these protections will ensure that you are not automatically fired because the employer thinks you can’t do the job any more. They also mean that the employer has to look at any need for changes in the workplace to accommodate your illness or injury in order that you can remain on the job.
What do I do if I have a complaint?
If you feel you have been harassed, you must tell the person responsible to stop. If the harasser is a co-worker you can complain to a supervisor. You should keep a record of what happened, including what was said or done, who was involved, where and when it happened, and the names of any witnesses. It the harassment doesn’t stop, you should file a complaint with the Ontario Human Rights Commission, who will investigate the matter. All complaints must be made within 6 months of the occurance.
Cases of discrimination should also be reported to the Human Rights Commission. If you are a member of a union, there is an additional system through which you can ensure protection of your rights in the workplace: the grievance and arbitration provision in your collective agreement. Your union steward will help you process your complaint. Some unions also have Human Rights Departments and provide training on human rights issues.
