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.