What to Do If Employment Discrimination Occurs
Ontario law states that every person has a right to freedom from discrimination in employment because of a disability. Employment harassment, by an employer or co-worker due to an employee's disability, is prohibited. Employment decisions, including recruitment, hiring, training and promotion are based on merit and not on criteria that are unrelated to job performance. No questions regarding physical health should be asked on an employment application form.
If a person believes that they have been discriminated against or harassed, they may complain to the Ontario Human Rights Commission. A complaint may be filed by contacting the nearest office of the Ontario Human Rights Commission. Human Rights Officers are available to discuss the problem. It is important to note that the Commission has the discretion to refuse to deal with a complaint if the facts upon which the complaint was based occurred more than 6 months before the complaint was filed.
An investigation by the Commission follows, sometimes resulting in an early settlement to which both parties agree. However, if the complaint cannot be settled, a report is prepared for Commission review. The Commission may resolve the complaint, appoint a conciliator, or send the complaint to a Human Rights Tribunal. If a conciliator tries to settle the complaint and is unsuccessful, the case may either be dismissed or sent to a Human Rights Tribunal. The tribunal reviews the complaint, makes a decision and orders a settlement. That decision may be accepted by both parties or appealed. If it is appealed, the Federal Court hears the appeal and makes a decision. If this decision is not accepted by both parties, and is appealed, the Supreme Court makes the final decision.
If an employee has a question or thinks they have cause for complaint, they may contact the
Ontario Human Rights Commission
180 Dundas Street West, 8th Floor
Toronto, Ontario M7A 2R9
416-314-4500
416-314-4561 fax
800-387-9080 (toll free)
TTY Access:
800-308-5561 (Ontario)
800-309-1129 (416 and 905 exchanges)
http://www.ohrc.on.ca
Email info@ohrc.on.ca
|
