Under the Ontario Human Rights Code, “receipt of public assistance” (such as Ontario Works) is a protected ground for housing, but it is explicitly NOT a protected ground in employment. However, if your assistance is tied to a medical condition, such as the Ontario Disability Support Program (ODSP), you are fully protected in the workplace under the ground of “disability.”
Navigating human rights in the workplace can be confusing, especially when certain rules apply to landlords but not to employers. Many residents in Ontario mistakenly believe that their employer cannot discriminate against them simply because they receive government financial help. While the province strictly forbids landlords from denying you an apartment because you are on welfare, the rules for your job are entirely different.
The Ontario Human Rights Code (OHRC) has specific categories of protection depending on the situation. If you feel you have been treated unfairly at work in Toronto, Ottawa, or Hamilton because of your income source, it is highly recommended to consult a human rights lawyer from our directory. They can help you determine if your situation crosses the line into a legally protected category, such as disability or family status.
Step-by-Step Process: Navigating Discrimination in Ontario Workplaces
Whether you work in a corporate office in Mississauga or a retail store in London, the process for addressing suspected workplace discrimination follows a clear legal path. You must identify the correct “ground” of discrimination before taking action against your employer.
Step 1: Identify the True Legal Ground of Discrimination
Since “receipt of public assistance” is not covered in employment, you must look deeper. Are you receiving the Ontario Disability Support Program (ODSP)? 🤔 If so, any negative action your employer takes against you is likely discrimination based on “disability,” which is fully protected. If you are on Ontario Works (OW) because you are a single parent, you might be protected under “family status.”
Step 2: Document the Employer’s Comments and Actions
If your boss makes derogatory comments about “welfare” or reduces your shifts after finding out you receive a housing subsidy, write it down immediately. Keep a detailed log of the dates, times, and exact words spoken. Save all emails and text messages, as this evidence will be crucial if you need to file a formal complaint.
Step 3: Report to Human Resources (Internal Resolution)
Before rushing to a tribunal, you should generally give your employer a chance to fix the issue. 📧 File a written complaint with your Human Resources department outlining how you are being treated differently based on your disability or family status. By doing this in writing, you create a paper trail showing you tried to resolve the issue internally.
Step 4: File an Application with the HRTO
If your employer ignores your complaint or fires you (a reprisal), your next step is to file an Application with the Human Rights Tribunal of Ontario (HRTO). The HRTO is the provincial body that hears discrimination cases. You have exactly one year from the date of the last discriminatory incident to file your paperwork.
How Much Does it Cost in Ontario?
Pursuing a human rights claim in Ontario is designed to be accessible, but hiring professional legal help will involve some costs.
- HRTO Filing Fees: There is absolutely no fee to file an Application with the Human Rights Tribunal of Ontario. The government process is free.
- Lawyer Fees: Most human rights lawyers in Ontario charge between $300 CAD and $600 CAD per hour. However, many offer a contingency fee arrangement, meaning they take a percentage (usually 25% to 35%) of your settlement only if you win.
- Mediation Costs: The HRTO offers free mediation services. If both parties agree to mediate, a tribunal adjudicator will help you negotiate a settlement without going to a full hearing.
How Long Does the Process Take?
The human rights system in Ontario is currently experiencing significant backlogs. ⋮ Once you submit your Application, it can take 6 to 12 months just to get a date for mediation. If mediation fails and you must proceed to a full hearing, it is common to wait 2 to 3 years for a final decision. Despite the delay, an employer may offer a faster settlement to avoid public tribunal hearings.
Housing vs. Employment Protections in Ontario
| Protected Ground | Applies to Housing? | Applies to Employment? |
|---|---|---|
| Receipt of Public Assistance | Yes. Landlords cannot discriminate. | No. Not explicitly protected. |
| Disability (including ODSP) | Yes. Fully protected. | Yes. Fully protected. |
| Age (18 and older) | Yes. Fully protected. | Yes. Fully protected. |
Frequently Asked Questions (FAQ)
Can I be fired simply for being on Ontario Works (OW)?
Technically, being on OW is not a protected ground in employment. However, if the employer fires you based on stereotypes related to your race, gender, or family status that are tied to your need for OW, that is illegal discrimination.
Do I have to tell my employer I receive ODSP?
No. You are not legally required to disclose your income sources to your employer. You only need to disclose a disability if you require workplace accommodations (like modified hours or physical changes to your workspace).
What happens if I face a reprisal for complaining?
The Ontario Human Rights Code strictly prohibits reprisals. If your employer punishes or fires you for raising a human rights concern, you can file an additional claim against them at the HRTO specifically for the reprisal.
Can I get free legal representation for an HRTO claim?
Yes, if you meet their financial eligibility requirements, the Human Rights Legal Support Centre (HRLSC) provides free legal advice and sometimes representation for applicants at the HRTO.
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