Human Rights Issues - Toronto Employment Lawyer

Summary

This video script discusses human rights issues in the workplace, focusing on how discrimination can arise, often unintentionally, due to personal biases from supervisors. It highlights the Ontario Human Rights Code, which protects individuals from discrimination based on factors such as disability, race, gender, and addiction. The script explains that employees facing discrimination can seek justice through the courts or the Human Rights Tribunal of Ontario. It emphasizes the importance of consulting an employment lawyer to determine the best course of action, with potential damages for discrimination ranging from $15,000 to $25,000.

Takeaways

• 📜 Human rights issues frequently arise in the workplace, often stemming from biases of individual supervisors rather than intentional company policies.
• ⚖️ Ontario has a comprehensive Human Rights Code that protects individuals from discrimination based on various factors like origin, gender, gender identity, race, sexual orientation, and disability.
• 🛡️ Disability under the Human Rights Code covers a broad range, including perceived disabilities and addictions such as alcoholism or drug addiction, even if illegal substances are involved.
• 📚 Employers must be aware of the Human Rights Code to avoid discrimination, and employees should know what constitutes a violation.
• 🔎 Discrimination at work can take many forms, and employees facing it have two options: pursuing action through the courts or the Human Rights Tribunal of Ontario.
• ⚖️ Deciding between court or tribunal action depends on the specific advantages and disadvantages of each, and consulting an employment lawyer is recommended.
• 🚫 Discrimination is illegal in Ontario, and employers found guilty must pay damages for loss of dignity, self-respect, and injury to the discriminated person.
• 💼 Discrimination often overlaps with wrongful dismissal, such as when someone is terminated due to a discriminatory factor like disability or age.
• 💰 Damages for discrimination typically range between $15,000 and $25,000 if found liable by a court or tribunal.
• 🔨 Both wrongful dismissal and discrimination cases allow individuals to seek compensation for their termination as well as for the discriminatory actions they experienced.

Q & A

What are some common human rights issues in the workplace?

Common human rights issues in the workplace often involve discrimination, which may arise not because a company is intentionally discriminatory, but because a manager or supervisor allows their personal biases to influence their decisions.

What is the role of the Human Rights Code in Ontario?

In Ontario, the Human Rights Code protects individuals from being discriminated against based on a wide range of factors, such as gender, race, disability, sexual orientation, and more.

How does the Human Rights Code define disability?

Disability under the Human Rights Code is defined broadly and can include physical disabilities, mental health issues, perceived disabilities, and even addictions, such as alcoholism or drug addiction, regardless of the legality of the substance.

What are the options for employees who believe they are being discriminated against at work?

Employees facing discrimination at work can pursue their case through the courts or the Human Rights Tribunal of Ontario. Each system has advantages and disadvantages, so consulting with an employment lawyer is advisable.

What factors should be considered when choosing between the courts and the Human Rights Tribunal of Ontario?

The decision between pursuing a case in the courts or through the tribunal depends on various factors, such as the specifics of the case and the remedies sought. An employment lawyer can help individuals decide which route is best.

What kinds of damages can an employer be ordered to pay in discrimination cases?

In cases of discrimination, employers may be ordered to pay damages for loss of dignity, self-respect, and injury to the individual who experienced the discrimination.

How is wrongful dismissal related to discrimination in the workplace?

Discrimination is often linked to wrongful dismissal, where an employee may be chosen for termination based on discriminatory factors such as disability or age.

What remedies can an employee seek in cases of both wrongful dismissal and discrimination?

Employees who experience both wrongful dismissal and discrimination can seek compensation for both the termination and the discrimination itself.

What is the typical range of compensation awarded in discrimination cases?

Typical discrimination claims result in compensation between $15,000 and $25,000 if a court or tribunal finds that discrimination occurred.

Can employees pursue claims for discrimination and wrongful dismissal simultaneously?

Yes, employees can pursue both discrimination and wrongful dismissal claims simultaneously, seeking remedies for both issues in a single lawsuit.

Outlines

00:00

🔍 Human Rights and Workplace Bias

The first paragraph discusses how human rights issues frequently arise in workplaces, often due to individual biases from supervisors or managers rather than deliberate discriminatory practices by companies. In Ontario, the Human Rights Code protects individuals from discrimination based on factors such as race, gender identity, sexual orientation, and disability. Disabilities, in particular, can encompass a wide range of conditions, including addiction. Both physical disabilities and perceived disabilities are protected under the Human Rights Code, ensuring broad protection for employees in Ontario workplaces.

⚖️ Legal Options for Workplace Discrimination

The second part explains the two primary legal pathways for addressing workplace discrimination in Ontario: through the courts or the Human Rights Tribunal of Ontario. Both systems offer different advantages and disadvantages, making it essential for employees to consult with an employment lawyer to make an informed choice. This section emphasizes the importance of understanding the legal options available and how employees can enforce their rights against discrimination in the workplace.

💼 Employer Consequences and Discrimination Damages

This paragraph outlines the consequences employers face for engaging in discriminatory practices, which include paying damages for loss of dignity, self-respect, and injury to the affected person. Discrimination often coincides with wrongful dismissal, where an individual may be terminated due to discriminatory factors like disability or age. Victims of discrimination can seek compensation both for wrongful dismissal and for the discriminatory act itself, with typical discrimination claims ranging between $15,000 and $25,000 if the court or tribunal determines that discrimination occurred.

Keywords

💡Human Rights

Human rights refer to the basic rights and freedoms that belong to every person. In the video, these rights protect individuals from discrimination in the workplace based on factors like origin, gender, race, and disability. Employers must be aware of and uphold these rights to ensure fair treatment of employees.

💡Discrimination

Discrimination involves unfair treatment of individuals based on certain characteristics such as disability, gender, or race. The video discusses how discrimination can occur when a supervisor's biases affect their behavior towards employees, leading to unjust treatment and potential legal consequences for the employer.

💡Ontario Human Rights Code

The Ontario Human Rights Code is legislation that protects individuals in Ontario from discrimination and harassment. It covers a wide range of factors, including gender, race, and disability, ensuring that all individuals are treated fairly in various settings, including the workplace.

💡Disability

Disability, as mentioned in the video, is not limited to visible impairments but includes a broad range of conditions such as perceived disabilities and addictions. Employers must accommodate employees with disabilities, and failure to do so can be considered discriminatory under the Ontario Human Rights Code.

💡Perceived Disability

Perceived disability refers to a situation where an individual is treated as having a disability, whether or not they have one. The video highlights that such individuals are also protected under the Ontario Human Rights Code, meaning they should not face discrimination based on assumptions about their abilities.

💡Addiction

Addiction, including to substances like alcohol or drugs, is recognized as a disability under the Ontario Human Rights Code. The video explains that individuals with addictions are protected from discrimination and must be treated fairly by their employers, regardless of the legality of the substances involved.

💡Human Rights Tribunal of Ontario

The Human Rights Tribunal of Ontario is a body that adjudicates complaints of discrimination under the Ontario Human Rights Code. Employees who feel they have been discriminated against can file a complaint with the Tribunal to seek remedies and enforce their rights.

💡Wrongful Dismissal

Wrongful dismissal occurs when an employee is terminated without just cause or proper notice. The video mentions that discrimination often coincides with wrongful dismissal, where an employee might be fired due to discriminatory factors like disability or age, leading to legal claims for both issues.

💡Damages

Damages refer to monetary compensation awarded to individuals who have suffered harm or loss due to unlawful actions, such as discrimination. In the video, damages for discrimination can include compensation for loss of dignity, self-respect, and injury to the person, with typical amounts ranging from fifteen to twenty-five thousand dollars.

💡Employment Lawyer

An employment lawyer specializes in issues related to employment law, including discrimination and wrongful dismissal. The video advises consulting with an employment lawyer to understand the best course of action when dealing with workplace discrimination, as they can help navigate the legal options available through courts or tribunals.

Highlights

Human rights issues often arise in the workplace, especially when an individual supervisor or manager lets their biases affect decisions.

Ontario's Human Rights Code provides protections against discrimination based on factors like origin, gender, race, sexual orientation, and more.

Disability under the Human Rights Code is broader than many think and includes sickness, perceived disabilities, and addiction.

Even addictions, such as alcoholism or drug use (including illegal drugs), may receive protection under the Ontario Human Rights Code.

Employers need to understand their responsibilities under the Human Rights Code, while employees must know their rights to avoid discrimination.

When facing workplace discrimination, employees can either go through the courts or the Human Rights Tribunal of Ontario to seek justice.

Each legal avenue (courts vs. tribunal) has advantages and disadvantages, and consulting an employment lawyer is crucial for making an informed choice.

Discrimination cases can involve wrongful dismissal when a discriminatory factor, such as age or disability, plays a role in someone's termination.

Employers found guilty of discrimination can be ordered to pay damages for loss of dignity, self-respect, and injury to the affected employee.

Compensation for discrimination claims typically ranges from $15,000 to $25,000, depending on the severity of the violation.

Discrimination can manifest in various forms, making it vital for employees to understand when their rights are being violated.

The Human Rights Tribunal of Ontario offers a faster, less costly option compared to going through the courts for discrimination claims.

Perceived disabilities, such as temporary sickness or mental health issues, also fall under the protection of the Ontario Human Rights Code.

Employers must take active steps to prevent discrimination and ensure that workplace decisions are free from biased influences.

Both employees and employers need to be aware that discrimination in the workplace is unlawful and that proper legal channels exist to address violations.

Transcripts

so human rights issues come up often in

the workplace often the issue is not as

say that a company is on purpose being

discriminatory but that an individual

within the companies who are supervisor

so a manager is letting their biases

leak through what you know in Ontario

there is an entire Human Rights code

that protects persons from being

discriminated against based on a broad

range of factors of origin gender gender

identity race their sexual orientation

large numbers of factors and one that

affects many people specifically is

disability so disability isn't what

you'd think of when someone's someone

thinks of themselves being disabled

having a disability there's a broad

range I can effect sickness because it's

also perceived disability it can detect

addiction so someone who is an alcoholic

for instance they might get protection

under the Act certainly would get

protection under the Act or even people

who have addictions to drugs even if

they're considered illegal so Human

Rights has broad range of protection and

employers need to know what needs to be

dealt with and employees need to be able

to know what an employer can't do

well you're being discriminated against

at work it can take many forms but

generally your two options would be to

perceive through the courts or through

the Human Rights Tribunal of Ontario now

in terms of making that choice that's

where it's important to us all with an

employment lawyer as to because both of

those systems have advantages and

disadvantages so it's important to know

what your overall choice is but you can

have your rights enforce you can be able

to go after those responsible for human

rights violations either through the

courts or through the tribunal making

that choice is a determination that

people have to choose discrimination

isn't allowed in Ontario in terms of the

punishment for it the employer is

punished by having to pay damages for

loss of dignity self-respect

injury to the person that the

discrimination happens too often

discrimination is tied in with someone

who's being wrongfully dismissed at the

same time so someone is chosen rather

than another person because of

discriminatory factor perhaps disability

perhaps age in terms of that then that

person would then you will start up a

lawsuit regarding the discrimination

they both be able to get the rammy for

the termination and also I'm out for the

discrimination usual discrimination

claims are between fifteen and twenty

five thousand dollars if a court or a

tribunal finds the discrimination

occurred

you