Epilepsy Ontario :: Employee Rights

Know your Rights!

Wrongful Dismissal, Discrimination & Refusal to Accommodate

Discrimination is the denial of equal treatment, civil liberties, or opportunity to individuals or groups with respect to education, accommodation, health care, employment, or access to services, goods or facilities. Discrimination based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, handicap, age, marital status, family staus, the receipt of public assistance, or record of offences is prohibited by law in Ontario.

If you believe that you have been discriminated against or harassed because you have epilepsy, you may complain to the Ontario Human Rights Commission. The Commission is responsible for enforcing the Ontario Human Rights Code, which states:

Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or handicap (also referred to as disability). [Part I, Section 5.]

Types of Disability Protected by the Code
[Part II, Section 10 (1)]

any degree of physical disability or disfigurement caused by injury, illness or birth defect (including diabetes, epilepsy, paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, and reliance on a dog guide, wheelchair or other remedial device)
learning disability or any dysfunction in the ability to understand or use symbols or speech
mental retardation or impairment
mental disorder
an injury or disability for which benefits may be claimed or received under Ontario's Workers' Compensation Act.

The Commission follows an effective and efficient case management process which includes inquiries, intake, mediation, and investigation. The following is a simple breakdown of the process of filing a complaint.
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Filing a Complaint

Inquiry

You must first call the Commission's centralized Inquiry Services Unit where you will reach an automated phone answering system. You will then be put through to an Inquiry Service Representative who will deal with your concerns or inquiries.They will tell you if the concerns you have are within the mandate of the Code or whether a referral to another organization or agency of the government may be more appropriate.

If, after your discussion, the representative believes you have the right to file a complaint, you will be sent an Intake Questionnaire and package within 48 hourrs. You must complete the questionnaire and return it within 21 days. The questionnaire asks questions about the discrimination you faced.
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Intake

After your questionnaire has been received by an officer of the Commission, an assessment will be made to determine whether the particular issues are within the mandate of the Ontario Human Rights Commission. If necessary, they will interview you and draft legally sound complaints. You must sign the document prior to it being served upon the parties responsible for the alleged discrimination. These parties, referred to as the respondents, are asked to formally respond to the allegations within 21 days.
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Mediation

The mediation services offered by the Commission are on a voluntary basis. Both parties must agree to the service. The service allows both parties to discuss the issues at hand in an effective manner. The service is intended to help empower the parties to come to their own agreement as quickly as possible.
Mediation is usually offered within 90 days from the date the complaint was received and signed. The system is quite successful for both parties. The Commission's mediation process has a 75-85% settlement rate.
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Investigation

The investigation procedure may be initiated if:

the parties do not agree to participate in mediation services;
mediation does not result in settlement; or
mediation is not appropriate due to considerable public interest issues evident in the case.
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The Commission has power and authority to investigate complaints when necessary. Usually, an investigation includes a review of all documentation relevant to the complaint, interviews of witnesses who have relevant information, and any other evidence.
Following a thorough investigation, an officer of the Commission may attempt to resolve the issue by means of conciliation, proceeding with disclosure of the investigative findings with the parties involved.
If the complaint between both parties is still not resolved, the officer will make a case analysis, producing a summary of evidence including an interpretation of the case based on human rights legislation in Ontario, and a recommendation regarding whether the case should be referred to a Board of Inquiry.
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Important Issues to Consider when Filing a Complaint

The Commission, under careful discretion, does not deal with complaints if:

another legislative act can deal with the issues raised in the complaint more appropriately;
the complaint is trivial, frivolous, vexatious or made in bad faith;
the complaint is not in the jurisdiction of the Commission; or
the complaint is filed more than 6 months from the last alleged incident of discrimination, and it appears that the delay was not incurred in good faith.
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Although the process seems quite lengthy, it is usually executed in an efficient and effective manner, assisting both parties to come to an agreement within its early stages.
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It is very important that every person with epilepsy understands the laws upholding fair treatment in the workplace. You have rights: fight for them!
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Ontario Human Rights Commission

info@ohrc.on.ca

http://www.ohrc.on.ca