ASSOCIATIONS
WORKPLACE DISCRIMINATION AND HARASSMENT
STACEY REGINALD BALL
82 SCOLLARD STREET TORONTO, ON, M5R 1G2
Call: (416) 921 7997 Ext.225 Email: srball@82scollard.com
STACEY REGINALD BALL
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AS MOST FREQUENTLY RECOMMENDED EMPLOYMENT LAWYER.
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WORKPLACE HARASSMENT AND WORKPLACE DISCRIMINATION LAWYER TORONTO
WORKPLACE DISCRIMINATION VS WORKPLACE HARASSMENT
Difference Between Workplace Discrimination and Workplace Harassment
Workplace discrimination can be described as adverse treatment by your employer based on a protected personal characteristic as set out in the Ontario Human Rights Code. Protected grounds include: age, race, disability, gender, family status and record of offences. If the treatment is not based on one of the prescribed grounds, it is not discriminatory.
Workplace harassment is different from discrimination. These can be vexatious comments or behaviour that is known or ought to be known to be unwelcome such as: teasing, offensive jokes, sexual harassment, spreading rumours or unwelcome physical contact.
What Are the Signs That You Are Being Discriminated Against or Harassed by Your Employer in Toronto?
Workplace discrimination can happen in a variety of ways. For example, if a company bases their hiring or promotion decisions on gender, race, age, disability, etc. While workplace discrimination is usually subtle, it can be overt. An obvious example of this would be an employer having a written policy of promoting only those under the age of 50. A more discrete example would be an employer requiring job candidates to complete a specific task that isn’t necessarily related to the job during the interview but might be impossible for someone with a disability to complete.
Like discrimination, workplace harassment can be difficult to identify. Most workplace harassment cases may involve ongoing conduct. For example, the harasser may not realize the numerous comments he or she is making are unwelcome. On the other hand, the harassment will be overt with actions such as unwelcome physical contact (pushing, grabbing forcefully, etc.).
What You Can Do if You Are Facing Workplace Discrimination or Workplace Harassment in Toronto
If you are experiencing either workplace discrimination or harassment, approaching your employer is typically the first place to start. It is commonplace for employers to have workplace policies on such issues. Employers have a duty to protect their employees from both discrimination and harassment under Ontario legislation. If you are experiencing harassment, your employer has a duty under the Ontario Health and Safety Act. If it is a discriminatory issue (or sexual harassment), you have protection under the Ontario Human Rights Code.
If the workplace harassment is so severe that it makes your employment unbearable, this may constitute a constructive dismissal.
If the workplace discrimination problem is with a co-worker, speaking to a superior is the first step. If the discrimination is coming from your manager, then seek out an even higher superior. If the organization policies are discriminating against you, speaking to executives or senior management is a good place to turn to. Ensuring you are protected from discrimination is important, so do not be anxious about speaking to the relevant person to seek a solution.
Remember, employees have the right to a work environment that is free from harassment and discrimination. Likewise, employers have a duty to protect its employees under Ontario legislation.
What if an Employer Ignores Your Harassment or Discrimination Complaint?
If your employer does not help you, legal action should be considered. If you are terminated due to complaining about harassment or discrimination, this would constitute a reprisal under either the Ontario Health and Safety Act or the Ontario Human Rights Code.
For a harassment issue, you can make a reprisal complaint to the Ontario Labour Relations Board, which can award damages for lost wages, or potentially reinstate an employee. If the harassment is so significant that the work environment is no longer tolerable, constructive dismissal may be an option.
For a discrimination issue, you can make a reprisal complaint under the Human Rights Code.
DISCRIMINATION COMPLAIN
EVERY EMPLOYEE HAS A RIGHT TO A WORKPLACE FREE OF DISCRIMINATION, AS PER THE ONTARIO HUMAN RIGHTS CODE AND THE CANADIAN HUMAN RIGHTS ACT,AND EMPLOYERS ARE REQUIRED TO PROVIDE THAT SAFE WORK ENVIRONMENT
OFFENDING BEHAVIOUR
Ontario Human Rights Code
Despite this fact, many employees have experienced discrimination or harassment either in the job application process or in the workplace. This can have a devastating impact on an employee’s sense of self-worth, dignity and enjoyment in their work. As an employee, you have rights if you have been discriminated against or harassed on a ground that is protected by legislation. These grounds are; age, race, citizenship, ethnic origin, place of origin, creed, disability, family status, marital status, gender identity or gender expression, record of offences, sex (including pregnancy and breastfeeding) and sexual orientation. If you have been discriminated against or harassed because of any of the above grounds, it is possible to file an application at the Human Rights Tribunal of Ontario or to include the claims as part of a civil lawsuit such as wrongful dismissal or constructive dismissal. To prove discrimination at the Human Rights Tribunal of Ontario, you must demonstrate that there is a connection between the negative treatment you experienced and one of the prohibited grounds of discrimination. The negative treatmentonly needs to be partially caused by the prohibited ground in order to count as discrimination under the Ontario Human Rights Code.
It is possible that the negative treatment you experience is a result of the employer treating everyone the exact same, such as when you have a disability that requires accommodation. With respect to harassment based on a protected personal characteristic, harassment means “engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.” With both harassment and discrimination, it is always important to keep detailed records of any offending behaviour. Keep records of the parties involved, any witnesses, what was said or done, dates, times, locations and any other relevant information. This will help strengthen your position if the case progresses to the Tribunal or to court. Please note that the above information does not constitute legal advice. It is general information about the law. If you require legal advice with an employment issue, please contact the experts at Ball Professional Corporation.
ADDITIONAL ARTICLES ABOUT WORKPLACE DISCRIMINATION AND HARASSMENT
Human Rights and Discrimination in Employment Law
This article will explore what constitutes workplace discrimination, the relevant human rights legislation, the prohibited grounds of...
Learn More
Workplace Sexual Harassment
This article will examine the steps that follow after harassment has been investigated and reported by the...
Learn More
What Should I Do If I Am Being Harassed At Work?
From outright discrimination to workplace bullying, employees can be harassed in a number of ways at work....
Learn More
Age Discrimination at Work
Age discrimination, otherwise referred to as ageism, can arise in a number of ways in the workplace....
Learn MoreCONSULTATIONS
Helping you recognize and enforce your employment rights
Canadian Employment Law
Mr. Ball is the author of the authoritative and definitive text Canadian Employment Law, published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.
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CLIENT REVIEWS
Google Reviews
Beijia Zhang
21:41 09 Apr 23
Stacy helped me with my case with my previous employer. I have to say that Stacy is the best lawyer I ever met. He worked incredibly hard on my case and helped me fight over the wrongful dismissal, eventually he solved my issue and we settled at a very good deal. I was super impressed by his professionalism and integrity, plus he has passion towards what he is doing. Stacy is the best of all! One of a kind!!!!!!!!
R Cooray
19:11 04 May 23
Stacey and his amazing team did a fantastic job with my case. Their professionalism and many years of experience helped me to settle my case. Stacey has written some of Canadian employment law. I would highly recommend to anyone to seek advise before signing any documents.
Marion Gordon
10:27 13 Jul 23
Stacey Ball fought hard in my wrongful dismissal case and we came out ahead. I am very happy with him and his team. I strongly recommend him if you have a wrongful dismissal case.
Wilma Carlson
17:43 07 Jul 23
Stacey's professionalism and strong communication skills helped me feel informed and reassured throughout the entire process. Thanks to his tenacity and unwavering support, I achieved a successful outcome that I am truly grateful for.
Sharon Smerek
18:28 14 Jun 23
Stacey R. Ball has bar admittance in British Columbia, Alberta, and Ontario. Will give excellent advice, and if you have a case , he will proceed on your behalf . Stacey Ball is known as the best employment lawyer across Canada.
PATRYK Szpindler
11:22 03 Oct 23
Working with Stacey Ball was the best decision for my employment-related case. He was responsive to my questions, addressed all my concerns promptly and, most importantly, secured a fair resolution. Thanks again!!
Pilar M
11:19 03 Oct 23
Stacey R. Ball and his team represented me in my wrongful dismissal case. They exhibited a solid grasp of employment law and guided me through the legal proceedings. They were very diligent, especially in updating me on the status of my case. I really appreciate what they've done for me.
Hanan Wahib
15:16 22 Jan 24
I am very grateful for the outstanding job that Stacy Ball and his team have done.. I want to thank you Stacy for your exceptional professional expertise and unwavering support throughout my case. Your dedication, knowledge, and genuine compassion made a significant impact on the positive outcome.I am grateful to have encountered you both as a lawyer and as a person of great humanity.
Lisa Joslin
20:07 30 Jan 24
I had the pleasure of working with Stacey Ball and his assistants. From the start to the finish, my experience with them was nothing short of outstanding.Stacey possesses an in-depth knowledge of employment laws and regulations. His expertise was evident as he navigated through my case. He took the time to understand my situation, ensuring that I felt heard, understood, and supported throughout the entire process.Communication was clear, prompt, and thorough, making a stressful situation more manageable.I highly recommend Stacey R Ball for anyone seeking expert employment law guidance. Overall, my experience was exceptional, and I am so very grateful for the positive resolution.
sean hogue
22:05 30 Jan 24
I recently used Stacey to resolve an employment issue and was very pleased with the result. This is the second time I've engaged his services over the years. Stacey is the consummate professional, extremely knowledgeable and I'm thankful for his skillful representation. I have also recommended Stacey to others who have experienced the same results.
Melanie Kirkpatrick
17:34 04 Apr 24
I would highly recommend Stacey Ball. If you're seeking an employment lawyer who is not only highly skilled but also genuinely cares about their clients, look no further than Stacey Ball. He is simply the best in the business!I must also applaud his outstanding assistant, Amy. With Amy's proactive communication, together, they form an unbeatable team!