Understanding Workplace Human Rights Violations

Workplace human rights violations are a critical concern in Ontario, governed by the Ontario Human Rights Code (“the Code”). The Code aims to protect individuals from discrimination, harassment, and reprisal in various sectors, including employment. Understanding what constitutes a human rights violation in the workplace is essential for both employees and employers to ensure a respectful and equitable work environment.

Key Components of Workplace Human Rights Violations

1. Discrimination

Discrimination occurs when an employee is treated unfairly based on protected grounds such as race, gender, sexual orientation, disability and other protected characteristics. It can affect various employment aspects, including hiring and promotions.

• Race and Ethnicity: Adverse treatment based on racial or ethnic background.
• Gender and Sexual Orientation: Bias against LGBTQ+ individuals.
• Disability: Employers must accommodate disabilities unless they cause undue hardship.

2. Harassment

Harassment involves unwelcome comments, jokes and behaviour that humiliates or demeans an employee based on protected grounds.

• Sexual Harassment: Unwelcome sexual behaviour creating a hostile environment.
• Racial Harassment: Offensive remarks targeting race or ethnicity.
• General Harassment: Repeated unwelcome behaviour.

3. Unjust or Constructive Dismissal

Unjust dismissal refers to termination without just cause, while constructive dismissal involves significant unilateral changes to employment terms potentially linked to discrimination.

Frequency of Workplace Human Rights Violations

• Approximately 75% of all human rights claims in Ontario originate from the workplace.
• A 2017 survey by the Ontario Human Rights Commission found that 45% of respondents who experienced discrimination or harassment reported it occurring at work.
• A 2020 survey indicated that 47% of workers witnessed or experienced inappropriate sexualized or discriminatory behavior in work-related settings.

These statistics emphasize the prevalence of workplace human rights violations and highlight the importance of proactive measures to address them.

Addressing Workplace Human Rights Violations

• Filing Complaints

Employees can file complaints with the Human Rights Tribunal of Ontario (“HRTO”) or the appropriate human rights agency in your province or territory if they experience violations.

•  Employer Responsibilities

Employers must prevent and address violations by creating policies, providing training, and investigating complaints.

• Legal Support

Consulting an employment lawyer can help in navigating human rights issues and filing complaints.

Reporting Sensitive Human Rights Violations

Reporting workplace human rights violations can be overwhelming, whether the alleged perpetrator is a co-worker or senior member of the organization. However, it is crucial to address these issues to maintain a respectful and equitable work environment. Below we list some steps to consider when reporting sensitive cases:

• Document Everything: Keep detailed records of all incidents, including dates, times, locations, and any witnesses. Collect any relevant documentation such as emails or text messages that support your claim.
• Use Internal Reporting Mechanisms: Most organizations have internal procedures for reporting human rights violations. If the alleged harasser is your supervisor or someone in a senior position, report the incident to another designated authority within the organization, such as the human resources department or a higher-level manager.
• Seek Confidential Advice: Before making a formal complaint, consider consulting with an employment lawyer who specializes in human rights law. They can provide guidance on your options and help you understand your rights.
• File a Formal Complaint: If internal mechanisms do not resolve the issue, consider filing a complaint with the Human Rights Tribunal of Ontario (“HRTO”). This independent body can investigate and adjudicate claims of discrimination and harassment.
• Protection Against Retaliation: It is illegal for employers in Ontario to retaliate against employees who raise human rights issues. If you face any form of reprisal, such as demotion or termination, you may have grounds for a wrongful dismissal claim.

Human Rights Violations Outside the Workplace

Human rights violations can also occur outside the traditional workplace setting but still involve coworkers. These situations are equally important to address as they affect the overall work environment.

Examples of External Violations

• Social Events: Discrimination or harassment at company-sponsored events or gatherings can create a hostile work environment. Such incidents should be reported and addressed just like those occurring within the workplace.
• Online Interactions: With the rise of remote work and digital communication, inappropriate behavior via emails, social media, or other online platforms can constitute a violation. Employees should report these incidents following the same procedures used for in-person violations.

Reporting External Violations

• Follow Company Policies: Many organizations have policies that cover behaviour at work-related events or online interactions. Familiarize yourself with these policies and use them as a basis for reporting violations.
• Include External Incidents in Complaints: When filing a complaint, include any relevant external incidents that contribute to a pattern of discrimination.
• Seek Mediation or Resolution: In some cases, mediation may be an effective way to resolve issues involving coworkers outside the workplace. The HRTO offers mediation services that can help parties reach an agreement before proceeding to a formal hearing. We recommend involving employment counsel, as these matters can be complex, and expert review is highly beneficial.

By understanding how to report sensitive cases and addressing human rights violations outside the workplace, employees can help maintain a safer and more inclusive work environment. The Ontario Human Rights Code provides robust protections against discrimination and harassment, ensuring that all individuals are treated with respect and dignity both within and beyond the workplace setting.

Preventive Measures

To promote a respectful workplace, employers should consider implementing the following approaches:

1. Staff Education and Awareness

• Diversity and Inclusion Training: Conduct mandatory training sessions that:
  • Explain protected grounds under human rights legislation
  • Demonstrate inclusive workplace behaviours
  • Address unconscious bias
  • Provide real-world scenario training

2. Communication and Reporting Mechanisms

• Confidential Reporting Channels:
  • Establish multiple reporting options (HR, anonymous reaches, online portal)
  • Ensure protection against retaliation
  • Create clear, transparent investigation procedures
  • Provide timely feedback to complainants

3. Policy Management

• Proactive Policy Development:
  • Conduct policy reviews
  • Align policies with current legal standards
  • Involve legal counsel in policy updates
  • Communicate policy changes clearly to all employees that outline unacceptable behaviours and the consequences for violations
  • Implement a tracking system for policy compliance

Takeaway

Workplace human rights violations undermine the integrity of work environments. By understanding what constitutes these violations and taking appropriate action, employees and employers can contribute to a fairer workplace.

Furthermore, the Ontario Human Rights Code is pivotal in protecting these rights, ensuring that all individuals are treated with respect and dignity at work. For those facing such challenges, seeking legal advice from experienced professionals can be instrumental in resolving issues effectively. If you are facing any form of human rights violation, we encourage you to reach out to employment lawyers, Sultan Lawyers, online or by telephone at 416-214-5111 today.