Legal Steps to Take After Experiencing Discrimination in the Workplace

Discrimination in the workplace isn’t just about making someone feel undervalued—it can take many forms, affecting mental well-being, professional growth, and financial security. The consequences can extend beyond the office, impacting future job opportunities and career prospects.

Understanding your legal rights is crucial in navigating these challenges. In Canada, employment lawyers recognize employees’ hesitation when considering whether to speak up. However, knowing the legal protections available can provide clarity and empowerment.

This blog will outline the steps employees can take when facing workplace discrimination, offering guidance on legal options and the path to justice.

Understanding Workplace Discrimination

Race, gender, age, disability, religion, or sexual preferences may be the basis for unfair treatment of office employees. The impact of such discrimination is reflected in their being denied a well-deserved promotion, served a termination letter without notice, offered less salary than promised or harassed.

Canada has developed several legal structures that keep employees safe from discrimination:

• Canadian Human Rights Act (CHRA)

The CHRA extends protection against discrimination to individuals employed in federally regulated workplaces.

• Provincial and Territorial Human Rights Codes

The separate legislations of different provinces and territories in Canada dictate their individual human rights codes for employee protection.

• Employment Equity Act

Under the Employment Equity Act, federally regulated workplaces must treat their employees with fairness, especially women, indigenous persons, individuals with disabilities and visible minorities.

Types of Discrimination

There are different types of discrimination which may take place in the workplace, including:

• Direct Discrimination

An employee’s protected characteristics may make them more vulnerable to unfair treatment.

• Harassment

Unwanted behaviour may trigger hostile and unsettling situations in the workplace.

• Retaliation

Employers may show retaliation as a sign of disagreement for complaining about discrimination or initiating an investigation.

• Failure to Accommodate

Employers fail to meet accommodation requirements when they do not provide an inclusive environment for employees with disabilities or adequate space for religious practices.

Importance of Documentation

Essential proof is necessary to establish that an act of discrimination occurred in the workplace. Maintaining records of when, how and where such an incident occurred can help you when filing a legal lawsuit. 

Some details to consider include:

• Date, time and location of the incident
• Who was involved and the witnesses of the situation
• Type of discrimination
• If needed, records showing how the HR responded to it

Keep a record of emails, messages or handwritten notes that hint toward discrimination and support your claims. Professionals often suggest keeping notes immediately after an incident happens when the events are still fresh in your mind.

How to Report Discrimination Internally

Most companies have policies which aim to resolve discrimination cases. Follow your workplace policies, employer grievance process instructions, and employee handbook guidelines to know how to report discrimination. You can start the process by first filing an informal complaint. This includes talking with your supervisor or HR about the incident. Provide a written complaint stating details about the discrimination, proofs and employment law.

Before interviewing witnesses and deciding on disciplinary steps for the offender, your employer will conduct a company investigation. The law requires employers to handle complaints reasonably and shield employees from retaliation.

You may need to approach an employment lawyer if the issue is unresolved internally. Check client reviews and records of handling complaints as ordinary as yours. They can help you learn about your rights, find the best legal method to address your concerns and represent you in negotiating during legal proceedings.

How to File a Discrimination Claim

Depending on the local jurisdiction where an employee has faced discrimination, they can file a complaint. For instance, federal employees must file under the CHRC and provincial or territorial employees must file under suitable human rights commissions.

However, the deadlines to file a complaint may vary for different jurisdictions, typically within 6 to 12 months of the incident. Not adhering to these deadlines will restrict your right to file claims. Human rights associations usually follow these steps to evaluate a claim:

• Evaluate the matter to see if it falls within their jurisdiction.
• Negotiates to resolve the issue.
• Cross-checks evidence and witness statements.
• Seeks date for a court proceeding if mutual agreement is not reached.
• Positive outcomes bring fair compensation, reinstatement or changes in the policy for the better.

What To Do If My Employer Retaliates?

Canada’s employers cannot legally stop employees from filing discrimination claims. However, if they do, you can follow these tips to stay secure:

• Document Everything

Maintain a detailed record of every incident that may indicate your employer is retaliating against your action to voice against discrimination. This may be reflected in delaying your promotion, terminating your job, or making your job harder to do. Save any emails, texts or performance reviews that may suggest retaliation.

• Report Internally

If your employer retaliates, inform your HR or a higher authority in your organization. Learn about your company policies and ensure you act by them. Keep a record of the progress of the complaints.

• File a Complaint

Although illegal, in the incidence of anything like that, you can file a legal lawsuit under the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment agencies.

• Seek Legal Help

To plan your course of action, consult with an employment lawyer. They can evaluate your case, guide you through the available options, and help you pick the most suitable approach for your case.

• Protect Yourself

Maintain professionalism to avoid workplace conflicts. Perform your job responsibilities as you should to prevent further retaliation.

Conclusion

Discrimination in workplaces isn’t uncommon. They are unfortunate incidents that can harm your professional and emotional well-being. However, knowing how to deal with such situations by realizing your rights can be helpful.

As a renowned discrimination lawyer firm in Toronto, we have an experienced team that helps maintain the sanctity of an office setting, ensuring all employees are treated equally. While taking legal action immediately may not be ideal, Sultan Lawyers evaluates your situation and suggests seeking a mutually beneficial solution. Filing a lawsuit can be the ultimate solution if the victim fails to achieve respectable treatment in their workplace despite their attempts to address issues repeatedly.

Have you or someone you know faced unfair treatment at the office? Our employment lawyers in Toronto can guide you to secure a respectable, equitable position.

FAQs

• How long do I have to file a discrimination claim?
  Employees who have faced discrimination may decide to pursue legal action within a certain period. The deadline to file a complaint may vary from one state to another. However, the standard deadline is to raise a complaint within 6 to 12 months of the incident. Delaying more than that can prevent your right to take legal action.
• Can I file a claim anonymously?
  Filing a discrimination claim anonymously is typically not possible. Most human rights associations require the complainant to reveal their identity. However, some organizations allow reporting such incidents confidentially via third parties. You may seek the help of a lawyer to keep your identity secure during the process.
• What if my employer retaliates against me for filing a discrimination claim?
  As per Canadian human rights laws, retaliating for reporting discrimination cases is unlawful. If you face retaliation, record the incident and inform HR. You can file another retaliation complaint with a human rights advocating commission or use employment lawyers’ help to secure your rights.

• Can I continue working while my discrimination claim is being investigated?
  While your discrimination case is being reviewed, you can continue working, as employers cannot fire or mistreat you for taking legal action. If you feel your office environment is turning hostile, you can consult with a lawyer to find effective ways to handle such situations.
• What if the EEOC decides not to pursue my case?
  If your case is declined by the Equal Employment Opportunity Commission (EEOC), you may consider choosing from other legal options. Canada allows you to appeal, file a civil case, or approach a labour union, advocacy group, or employment lawyer for support.