The Ontario Human Rights Code protects employees from discrimination based on “marital status.” While the Code explicitly covers married, single, divorced, and common-law individuals, the legal protection for polyamorous relationships is an emerging area of law that has not yet been definitively settled by the Human Rights Tribunal of Ontario (HRTO).
As society evolves, so do the relationship structures of Canadians. Today, ethical non-monogamy and polyamory are becoming more visible. However, many employees fear that if their boss finds out about their multiple partners, they could be fired or denied a promotion. In Ontario, the law is very clear about protecting traditional relationship structures, but it is currently playing catch-up when it comes to non-traditional ones.
The Ontario Human Rights Code prevents an employer from treating you poorly because of your “marital status.” Legal experts argue that this definition should naturally extend to polyamorous individuals. If you have been terminated or harassed in Toronto, Ottawa, or anywhere in the province due to your relationship structure, contacting a progressive employment lawyer from our directory is a crucial first step in protecting your career.
Step-by-Step Process for Handling Relationship Discrimination in Ontario
Navigating an emerging area of law requires a strategic approach. If you face discrimination in your workplace due to your polyamorous lifestyle, you must carefully document the situation to build a strong case for the Human Rights Tribunal of Ontario (HRTO).
Step 1: Review Your Employer’s Code of Conduct
Start by reviewing your company’s employee handbook or human resources policies. 📖 Many modern companies in Ontario have broad diversity and inclusion policies that protect employees from discrimination based on their personal lives, even if the provincial law has not yet explicitly caught up. This internal policy can be a strong tool for your defence.
Step 2: Document Inappropriate Comments and Actions
If coworkers or managers make invasive comments about your multiple partners, or if you are suddenly excluded from company events after disclosing your relationship structure, write it down. Note the time, date, and exact quotes. Proving discrimination based on marital status requires showing a clear link between your relationship disclosure and the negative treatment at work.
Step 3: Report the Issue to Human Resources
You must give your employer the opportunity to address the harassment. File a formal, written complaint with your HR department. 📧 State clearly that you are experiencing discrimination based on your marital status and family structure. Even if polyamory is novel, HR has a legal duty to investigate any complaints of workplace harassment and maintain a safe environment.
Step 4: Consult an Ontario Human Rights Lawyer
Because polyamory is a developing area of Canadian law, standard legal advice may not suffice. You need a lawyer who understands human rights litigation. They will assess whether your case can successfully argue that polyamory falls under the protected ground of “marital status” or potentially “sexual orientation” or “creed,” depending on your circumstances.
Step 5: File an Application with the HRTO
If your employer fails to stop the discrimination or fires you, your lawyer will help you file an Application with the Human Rights Tribunal of Ontario. ⚖️ You have one year from the date of the discriminatory act to file. Your lawyer will draft legal arguments pushing the Tribunal to expand the definition of marital status to protect your rights.
How Much Does it Cost in Ontario?
Taking a novel legal case to the HRTO involves standard employment litigation costs, though the potential for a settlement is often high.
- Tribunal Fees: Filing an application at the HRTO is completely free for all Ontario residents.
- Lawyer Fees: Employment lawyers typically charge an hourly rate between $300 CAD and $600 CAD. For a novel case like polyamory discrimination, some lawyers may take it on contingency (taking 25% to 35% of the final settlement) because of the public interest factor.
- Severance Negotiations: Often, employers will choose to settle out of court rather than face public scrutiny over a modern human rights issue. A lawyer can negotiate a strong severance package (e.g., 3 to 12 months of pay) during mediation.
How Long Does the Process Take?
Employment discrimination cases take time. ⋮ If you negotiate a severance package directly with your employer through a lawyer, the process can be resolved in 4 to 8 weeks. However, if you must file an HRTO application, you will likely wait 6 to 12 months for a mediation date. If a full legal hearing is required to set a new precedent on polyamory, it could take 2 to 3 years to receive a final decision from the adjudicator.
Traditional vs. Emerging Marital Status Protections
| Relationship Structure | Current Legal Status at the HRTO |
|---|---|
| Married (Monogamous) | Explicitly protected under the Code. |
| Common-Law / Cohabiting | Explicitly protected under the Code. |
| Divorced / Single | Explicitly protected under the Code. |
| Polyamorous / Consensual Non-Monogamy | Emerging. Often argued under “marital status” but lacks a definitive ruling. |
Frequently Asked Questions (FAQ)
Can my employer legally ask about my relationship status?
Generally, no. During a job interview, an employer cannot ask if you are married, single, or polyamorous. Once hired, they only need basic details for tax and benefits purposes.
Can I add multiple partners to my workplace health benefits?
Currently, most group health insurance providers in Canada only allow you to designate one primary spouse or common-law partner for benefits, though some progressive companies are beginning to negotiate customized insurance plans.
What if my polyamory is tied to my religion?
If your relationship structure is deeply tied to a recognized religious belief, you might also have grounds to claim discrimination based on “creed” under the Ontario Human Rights Code.
Can I be fired if my lifestyle makes clients uncomfortable?
Customer preference is never a valid legal defence for discrimination in Ontario. An employer cannot fire you simply because a client has outdated views on your marital status or family structure.
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