Employment Law: Workplace Discrimination

Workplace discrimination issues can arise at any stage of the employment relationship—from recruitment and hiring to scheduling, performance management, promotion decisions, and termination. In Ontario, discrimination in employment is primarily governed by the Ontario Human Rights Code (the Code), which protects employees from adverse treatment connected to specific protected characteristics. Employers also have related obligations to maintain a safe workplace and respond appropriately to harassment concerns.

This page provides an overview of workplace discrimination in Ontario, how it commonly appears in employment disputes, and the legal duties that often come into focus.

What Is Workplace Discrimination?

In Ontario, workplace discrimination generally means adverse treatment in employment that is linked to a protected ground under the Code. Discrimination can be:

• Direct (e.g., decisions explicitly based on a protected ground); or
• Indirect/systemic (e.g., neutral policies that have a disproportionate negative impact on protected groups)

Discrimination may arise through a single significant event (such as a discriminatory termination) or through repeated conduct that creates a hostile or unequal workplace.

Protected Grounds Under the Ontario Human Rights Code

The Code prohibits discrimination in employment based on protected grounds, including (among others):

• Disability (including mental health and addiction-related disabilities)
• Sex, pregnancy, gender identity, and gender expression
• Sexual orientation
• Race, ancestry, place of origin, colour, and ethnic origin
• Citizenship
• Creed (religion)
• Age
• Family status and marital status
• Record of offences (in certain employment contexts)

A complaint does not require proof that a protected ground was the only reason for the treatment. It may be sufficient if a protected ground was a factor in the adverse impact or decision.

Common Examples of Workplace Discrimination

Workplace discrimination disputes frequently involve one or more of the following:

(a) Discriminatory termination or discipline
Termination, suspension, demotion, or other discipline may be challenged where it appears connected to disability, pregnancy, age, race, or another protected ground—particularly where reasons are vague, inconsistent, or not supported by documentation.

(b) Failure to accommodate
Employers have a duty to accommodate Code-related needs—most commonly disability, but also creed and family status—to the point of undue hardship. Accommodation issues can include modified duties, scheduling changes, medical leaves, return-to-work plans, or adjustments to workplace rules.

(c) Harassment and poisoned work environment
Repeated discriminatory comments, unwanted sexual conduct, stereotyping, exclusion, or differential treatment may amount to workplace discrimination. A “poisoned” workplace can exist even without an explicit job loss if the environment becomes hostile or degrading.

(d) Hiring and promotion barriers
Discrimination may arise where qualified candidates are screened out, where promotions are denied, or where workplace opportunities are limited due to protected characteristics or stereotypes.

(e) Reprisal (retaliation)
The Code prohibits retaliation against an employee for asserting Code rights, requesting accommodation, making an internal complaint, or participating in an investigation. Adverse changes shortly after a complaint or accommodation request often become a key focus.

The Duty to Accommodate (and the Employee’s Role)

Accommodation is typically a cooperative process. While employers may request reasonable information to understand functional restrictions or needs, accommodation decisions must be individualized and based on evidence, not assumptions.

“Undue hardship” is a legal threshold. It is not established by mere inconvenience. The analysis is fact-specific and generally considers legally recognized factors (often including cost and health and safety, supported by evidence).

Employer Obligations to Address Harassment and Complaints

Where discrimination concerns are raised, employers are expected to take them seriously and respond appropriately. In many workplaces, obligations under the Occupational Health and Safety Act (OHSA)—including maintaining workplace harassment policies and programs and responding to complaints—intersect with human rights considerations.

A failure to investigate meaningfully, inconsistent treatment of complaints, or superficial process steps can become significant in assessing whether an employer met its obligations.

Discrimination and Employment Law Claims: How They Can Overlap

Discrimination allegations commonly arise alongside employment law disputes such as:

• Wrongful dismissal (termination without proper notice/compensation)
• Constructive dismissal (forced resignation following fundamental changes or a poisoned environment)
• Disputes about severance packages, releases, and post-termination compensation

Although these issues may stem from the same events, they can involve different legal tests and remedies. Strategic assessment often turns on the documents, timing, and the sequence of events leading to the adverse treatment.

Evidence Often Central to Discrimination Matters

Discrimination cases are highly fact-driven. Key evidence often includes:

• Emails, texts, and workplace communications
• Performance reviews, coaching records, and disciplinary notes
• Accommodation requests and the employer’s response (including medical/functional information exchanges)
• Witness accounts and investigation materials
• Comparative evidence showing inconsistent treatment of similarly situated employees
• Timing evidence (e.g., adverse action shortly after disclosure of a protected ground or an internal complaint)

Conclusion

Workplace discrimination claims in Ontario frequently involve nuanced questions about unequal treatment, failure to accommodate, harassment, and reprisal. Because these matters often overlap with termination and severance disputes, early identification of the applicable legal framework, careful review of key documents, and a clear chronology of events can be critical to assessing exposure and resolving the matter effectively.

This information is provided for general informational purposes only and does not constitute legal advice. Reading this information does not create a solicitor-client relationship. Outcomes depend on the specific facts and applicable law.