Human Rights Code Complaints

Do I have a claim?

The Ontario Human Rights Code protects workers from discrimination and harassment in employment based on specific protected grounds. In employment, these include:

Examples at work:

• Refusing to hire, promote, or schedule because of a protected ground.
• Harassment (e.g., slurs, sexual comments, repeated jokes) connected to a ground.
• Rules that look neutral but adversely impact people on a ground (e.g., rigid hours harming employees with disabilities or childcare responsibilities).
• Failing to consider accommodation needs related to disability, religion, or family status.

Intersectionality matters: More than one ground can overlap (e.g., race and gender). You don’t need “smoking-gun” proof; patterns and impact can be enough.

Duty to accommodate

Employers must take reasonable steps to accommodate Code-related needs to the point of undue hardship. In Ontario, the law looks at three main factors for undue hardship: cost, outside sources of funding, and health & safety.

Common accommodations

• Modified duties, flexible scheduling, remote/hybrid work.
• Time off for treatment or religious observance.
• Assistive devices, ergonomic setups, or job restructuring.

Tip: Put accommodation requests in writing, explain the limitation (not your diagnosis), attach supporting notes where appropriate, and propose practical options.

Reprisal is illegal

It’s against the Code to punish someone for raising human rights concerns or asking for accommodation. Reprisal can include discipline, demotion, schedule cuts, intimidation, or termination after you asserted your rights.

Timelines & deadlines

• 1‑year limit to file an application with the Human Rights Tribunal of Ontario (HRTO), starting from the last incident (exceptions are rare).
• You can’t sue for the same human rights issue in more than one forum. Choosing HRTO vs. court is a strategic decision—talk to a lawyer.

What the HRTO process looks like

1. Application (Form 1): Your story, facts, grounds, and remedies requested.
2. Response (Form 2): The employer replies.
3. Mediation (optional but common): A Vice‑Chair helps explore settlement.
4. Case management & disclosure: Exchange documents, witness lists, and legal positions.
5. Hearing: Evidence, witnesses, and submissions. A written decision follows.

Many cases settle at or before mediation. A strong, organized record improves outcomes.

Possible remedies

• General damages for injury to dignity, feelings, and self‑respect.
• Lost income (e.g., wages) caused by the discrimination.
• Public‑interest remedies such as training, policy changes, letters of reference, or reinstatement in some cases.

Evidence checklist

• Timeline of events with dates, who was present, and what was said/done.
• Emails, texts, performance notes, schedules, screenshots.
• Medical or other supporting notes (focus on limitations and needs).
• Names of witnesses who saw/heard relevant events.
• Company policies, handbooks, prior accommodation history.

Pro tip: Keep a contemporaneous journal. Save original files (not just photos of screens) when possible.

Strategy & options

Sometimes we pursue a combined strategy (e.g., severance negotiation plus human rights allegations) or resolve matters in mediation. We’ll help you pick the route that maximizes outcomes and fits your goals and timelines.

Our fees

We offer practical options depending on your case stage and goals:

• Consult & strategy session (Free 30 minutes): eligibility, evidence, and next steps. After that, our hourly rate is $275/hr, but depending on the case, we may accept a flat fee or contingency arrangement.
• Demand letter & negotiation: often a cost‑effective first step.
• HRTO representation: tailored fee structure; we’ll discuss what’s appropriate for your file.

Frequently asked questions