Ask Me Again When Ive Return to My Home
Ontario'south Human Rights Code and employment: practice you think you have been discriminated against or harassed at work?
- Who is considered an "employee" under the Code?
- What if I am on probation at work?
- What kinds of questions can I be asked during a job interview?
- What can happen if I file a man rights application against my employer?
- If I am a unionized employee, practise I accept to employ the grievance process before I file a human being rights awarding?
- How much medical information do I have to give my employer when I am request for a inability-related accommodation?
- My employer wants me to become to an independent medical examiner before I am allowed to return to work. Do I have to go?
- Does my employer accept to allow me have time off to pray? And exercise they have to pay me for that time?
- If I require physical accommodation, does my employer accept to provide different (sometimes referred to every bit "light") duties in my ain task or can they make me take another job?
- My employer says it'south too expensive to physically remodel the office space to adapt my inability. How much is too much?
- Tin can I be fired because I miss time at work because of depression?
- My boss said I can't speak my language during my lunch 60 minutes and that I have to speak English. Tin they practise that?
- My boss harasses me all the fourth dimension and is very rude, just I don't recall it'southward related to a human rights event. Is there anything I tin exercise?
Human rights & harassment based on sex activity or gender
- Can I be fired for existence pregnant?
- My boss treats the women in our organization really differently – he doesn't sexually harass us, but he makes really offensive comments about women – is that a human rights consequence?
- My supervisor keeps request me out for dinner and asking a lot nearly my personal life and looking at me intently. What should I exercise?
This is full general information only. It is not legal advice nearly your situation.
Who is considered an "employee" under the Code?
The Code's protection from discrimination in employment is very broad. It doesn't matter if you are temporary, function-time, casual, a temporary bureau worker, contract worker, contained contractor, domestic worker or even a volunteer. Y'all shouldn't be discriminated against or harassed when you are working. Employers cannot avoid their human rights obligations by calling you self-employed. The Code covers people who may non exist considered "employees" under other laws, such every bit the Employment Standards Act.
The Code's protection from discrimination covers all stages of the employment relationship including recruitment and hiring, working atmospheric condition, promotions and layoffs or termination of employment.
For more information, read our "Employment" folio.
If you have questions nearly issues not covered by the Human Rights Lawmaking, such as breaks and unpaid wages, delight visit the Ministry of Labour's website.
What if I am on probation at work?
Employees are also protected from discrimination or termination during a probationary menstruation. The Code may also require an employer to adjust your chore duties to suit your special needs, if those needs are tied to a right covered by the Lawmaking. These special needs might chronicle to a inability or considering you are a unmarried parent. If, for instance, you have a hearing inability, the employer must provide you with the equipment that you demand.
What kinds of questions can I be asked during a job interview?
Employers should only inquire you questions that directly chronicle to the requirements of the job and relevant feel. Questions that ask about your family status or land of origin should be avoided, such as:
- what language you were brought upwardly speaking
- where y'all obtained your language skills
- your birth-place
- the nationality of your ancestors
- whether yous have a disability
- whether yous have children or want to have children
- your sexual orientation, marital status, or childbearing plans.
What can happen if I file a homo rights application against my employer?
If your employer takes action confronting you because you accept filed a human rights application, you can file an additional merits against your employer to protect yourself. This is called a "reprisal" claim and it will be dealt with equally part of your human rights application.
Reprisal is divers every bit acts or threats that are intended to punish an individual who has reported bigotry or harassment or who has refused to infringe the rights of some other person.
If I am a unionized employee, do I accept to use the grievance process before I file a human rights application?
If you are a union member, yous should speak with your union representative to see if you tin can file a grievance before you file a human being rights application. If you believe that the union is likewise discriminating against you, you tin can file a human rights application confronting the employer and the union. In some cases the Tribunal will allow parallel claims, in others it volition defer the human rights application until the other matter, a grievance for case, is complete.
How much medical information do I have to requite my employer when I am request for a disability-related accommodation?
Information technology depends. If your employer wants you to share your medical information, they should ask for it in writing and only ask for information specific to your medical condition which requires an accommodation. The information should focus on the item issues relating to your accommodation needs, such as how much time off of work yous need, or your power to perform sure job duties.
My employer wants me to go to an independent medical examiner before I am allowed to return to work. Exercise I have to go?
It depends on your situation. If your employer needs more medical information, you want to make certain it relates to your task and engagement of render, or your specific demand for adaptation. Also see "How much medical data do I have to requite my employer?"
Some questions and bug to consider:
- Has your employer told yous that the medical data you gave is not enough?
- Does the information requested relate to specific concerns about your return to work appointment or what accommodations you need in terms of job function?
- Have y'all been given an opportunity to obtain further information from your ain dr.?
Does my employer have to permit me take time off to pray? And practice they take to pay me for that time?
Yes, you accept the right to observe your religion, only the employer does not always have to pay your salary during that time – it depends on the specific circumstances. The employer has a duty to accommodate your religious beliefs as long every bit it does non substantially interfere with the operation of the business concern. Run across the Committee'southward Man Rights at Piece of work 2008.
If I crave physical adaptation, does my employer accept to provide different (sometimes referred to every bit "light") duties in my own job or tin they make me take another job?
It depends on your specific situation. Generally, the Code requires the employer to work with you lot (the employee) to find modified work inside your current place of employment. Hither is an extract from the Ontario Human Rights Committee's website that is useful:
The right to be accommodated and the duties of the employer and wedlock are at present well-established in law. The principles are set out in particular in the Commission's Policy and Guidelines on Disability and the Duty to Accommodate and are summarized here.
Nobility: People must be accommodated in a manner that most respects their dignity, including their privacy, confidentiality, condolement and autonomy.
Individualization: Everyone's needs are unique and must be considered individually when an accommodation request is made. There is no ane-size-fits all solution.
Inclusion: Full participation ways bulwark-free and inclusive design.
Please see the Commission'south Human Rights at Work, particularly the sections relating to accommodation.
My employer says it's too expensive to physically remodel the office space to adapt my inability. How much is too much?
Your employer has to concretely demonstrate "undue hardship" when saying they tin can't afford to meet your needs. Undue hardship means that the cost of accommodation (accurately assessed and proven) must exist loftier enough that it would significantly interfere with ability of your employer, landlord or service provider to operate its business. There are but 3 factors set out in the Code that are taken into consideration when determining undue hardship:
- Cost (of modifying the workplace)
- Outside sources of funding (taking into account possible outside sources of funding)
- Health and safety requirements
Tin I be fired considering I miss time at work because of depression?
Your employer is legally obligated to adapt your disability to the point of "undue hardship." Undue hardship means that the cost (that must be accurately prepare out and proven) to accommodate must be high enough that it would significantly interfere with the employer'south business concern.
You will take to cooperate with the employer past providing timely medical data relating to your absenteeism, possible return to piece of work and whatsoever accommodation that you are requesting, based on an opinion of a medical professional. Every example is unlike.
My dominate said I tin't speak my language during my tiffin 60 minutes and that I have to speak English. Can they do that?
No. Although linguistic communication is not specifically identified in the Man Rights Code, a requirement that you not speak in your outset language in the workplace may borrow your rights under the Code. The Tribunal has found that not letting someone speak their language can be an indicator of discrimination based, for example, race, ethnicity or place of origin.
Harassment that is not covered nether Ontario'south Human being Rights Code
My boss harasses me all the time and is very rude, simply I don't call up information technology's related to a human rights issue. Is there anything I can do?
The Occupational Health and Safety Act has regulations related to workplace violence and harassment. Come across the Ministry building of Labour'south spider web site.
There are many piece of work-related issues that are not related to the Human Rights Code. The differential treatment that an employee has received must be related to one or more of the grounds of discrimination found in the Code. There must be a connectedness or link between the treatment and the Code basis. For example, if an employee has a disability and the boss is rude but is also rude to anybody else in the workplace, the rudeness may not be seen to exist continued to the employee'southward disability. This is because the employee with a disability is non receiving differential treatment and the employee may not be able to prove a man rights claim.
Human rights & harassment based on sex or gender
Tin can I be fired for being pregnant?
No. You cannot be fired or demoted because you are or may get pregnant. An employer must not ask you lot whatsoever questions relating to pregnancy during a task interview. See: Pregnancy information on the Committee'south web site.
My boss treats the women in our organization really differently – he doesn't sexually harass united states of america, merely he makes really offensive comments about women – is that a man rights upshot?
Yes. The ground of "sex" covers this type of harassment. If he is treating you lot differently merely because you are women, this is covered by the Lawmaking. Your dominate may also be responsible for the manner other employees behave. You lot may have heard him or other say things like "lighten up, can't you take a joke? We're but kidding effectually." This is a common response and not one that is acceptable.
My supervisor keeps request me out for dinner and asking a lot nigh my personal life and looking at me attentively. What should I do?
This could exist sexual harassment. There are several things you could consider:
- Talk to a co-worker you trust, or if in that location is a senior manager that you trust, or at that place may be a man resources person in your part yous could talk to
- Speak directly to your supervisor and tell them that these comments are making y'all experience uncomfortable and yous would like them to finish
- Keep notes of the types of comments and situations that are making you uncomfortable
- Keep notes near his or her response, and the response of senior management
- Call the Human Rights Legal Support Centre for assistance
Source: https://www.hrlsc.on.ca/en/frequently-asked-questions/human-rights-work
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