Human Rights and Discrimination in the Workplace: What You Need to Know
In today’s professional environment, respecting human rights in the workplace is more than just a legal requirement — it’s essential for fostering a healthy, inclusive, and productive work culture. Unfortunately, workplace discrimination remains a serious issue that affects employees across many industries and backgrounds.
From hiring practices to day-to-day operations, employers are legally obligated to ensure that their work environments are free from discrimination and harassment. In this blog post, we’ll explore what discrimination in the workplace looks like, the legal protections in place under human rights legislation in Canada, and what employees and employers should do to address and prevent violations.
What Are Human Rights in the Workplace?
Human rights in the workplace refer to the fundamental rights and freedoms every employee is entitled to, regardless of their identity or circumstances. These rights are protected by various human rights codes and employment laws, depending on the province or territory in which the employee works.
At its core, these laws aim to ensure equal treatment, freedom from discrimination, and the right to equal opportunities in employment.
Some of the basic human rights in the workplace include:
- Freedom from discrimination or harassment
- Equal access to hiring, promotions, and benefits
- Accommodations for disabilities or religious practices
- Protection against retaliation for asserting rights
What Is Workplace Discrimination?
Discrimination in the workplace occurs when an employee or job applicant is treated unfairly based on characteristics protected under human rights law. This can be direct or indirect, and it can affect hiring decisions, promotions, work assignments, compensation, and overall treatment on the job.
Protected Grounds of Discrimination (as per Canadian Human Rights Code):
- Race or colour
- Ethnic origin or ancestry
- Religion or creed
- Sex (including pregnancy)
- Sexual orientation
- Gender identity or expression
- Age
- Disability (physical or mental)
- Marital or family status
- Citizenship or national origin
- Record of offences (in certain provinces)
Examples of Workplace Discrimination:
- A qualified candidate being passed over for promotion because of their ethnicity
- Dismissing an employee due to their mental health condition
- Failing to accommodate an employee’s religious holidays
- Unequal pay for the same role based on gender
Even subtle forms of discrimination — such as microaggressions or coded language — can create a hostile or exclusionary workplace, and may violate human rights legislation.
Harassment and a Toxic Work Environment
Harassment is a specific form of discrimination that involves unwelcome conduct, comments, or actions that offend, intimidate, or humiliate a worker. It can be verbal, physical, or psychological and may come from supervisors, colleagues, or even customers.
Harassment may include:
- Jokes or remarks targeting a protected ground (e.g., race, religion, gender)
- Unwanted sexual advances or comments
- Threats or bullying
- Sharing offensive images or content
- Sabotaging an individual’s work
Employers are required to prevent and address harassment in the workplace. Ignoring or mishandling these complaints can lead to legal consequences and reputational harm.
The Legal Framework in Canada
In Canada, workplace discrimination is governed by provincial human rights codes (e.g., the Ontario Human Rights Code) and the Canadian Human Rights Act for federally regulated industries (e.g., banking, telecommunications, transportation).
These laws give individuals the right to:
- Equal treatment in employment
- Reasonable accommodations
- File a complaint if discrimination occurs
- Be protected from retaliation after asserting their rights
Employers who violate these laws can face human rights complaints, fines, legal action, and even public hearings.
The Duty to Accommodate
Under Canadian human rights law, employers have a duty to accommodate employees based on protected grounds (such as disability, religion, or family status), up to the point of undue hardship.
Examples of reasonable accommodation include:
- Modifying work hours for religious observances
- Providing ergonomic equipment for a physical disability
- Allowing remote work for a worker with chronic illness
- Adjusting job duties temporarily for an employee returning from medical leave
The goal is to create equal opportunities and ensure that employees can perform their duties without facing barriers related to their protected characteristics.
What Should Employees Do If They Face Discrimination?
If you believe you are experiencing discrimination or harassment in the workplace, it’s important to take action. Here are some steps you can take:
1. Document Everything
Keep a written record of discriminatory incidents, including dates, times, people involved, and the nature of the behavior. Documentation is key to building a strong case.
2. Review Company Policies
Most workplaces have anti-discrimination and harassment policies. Familiarize yourself with these to understand your rights and the procedures for reporting issues.
3. Report Internally
If you feel safe doing so, report the issue to your supervisor, HR department, or a designated harassment officer.
4. Seek Legal Advice
If internal processes don’t resolve the issue, consider speaking with an employment lawyer who specializes in human rights and discrimination. A law firm like Whitten & Lublin, for example, is known for providing expert advice in these matters and can guide you through filing a human rights complaint if necessary.
Employer Responsibilities: Creating a Discrimination-Free Workplace
Employers have a legal and moral responsibility to prevent and address discrimination in their organizations. Here are some best practices:
✅ Develop and Enforce Anti-Discrimination Policies
Ensure that your workplace has clear, accessible policies and that employees are trained on their rights and responsibilities.
✅ Foster an Inclusive Culture
Promote diversity, inclusion, and respect through company values, leadership, and day-to-day interactions.
✅ Train Managers and Supervisors
Provide regular training on unconscious bias, equity, accommodation, and conflict resolution to help leadership handle issues effectively.
✅ Respond Promptly to Complaints
Investigate complaints thoroughly, maintain confidentiality, and take corrective action where appropriate.
By proactively addressing discrimination, employers not only comply with legal requirements but also build trust and loyalty among employees.
Final Thoughts
Workplace discrimination and human rights violations can have a lasting impact on individuals and organizations alike. While Canadian laws provide strong protections against unfair treatment, both employees and employers must actively engage in creating and maintaining inclusive, respectful work environments.
If you believe your rights have been violated, don’t stay silent. You have legal avenues available to you — from internal HR processes to formal human rights complaints — and resources like legal professionals can help you navigate the complexities of your case.
Remember, everyone deserves to work in an environment where they are treated with dignity, respect, and fairness — no matter who they are.
