Human Rights



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Canada has federal human rights legislation, as well as provincial and territorial legislation


​The Course of Your Employment

Ontario’s human rights legislation is called the Ontario Human Rights Code and it protects individuals in five social areas, including employment. The Code prohibits discrimination on the basis of various prohibited grounds. For employment, these 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. Federally regulated employees, such as those working for airlines, banks or telephone companies, must file a claim with the Canadian Human Rights Commission. By contrast, provincially regulated employees may file applications at the Human Rights Tribunal of Ontario.

Human rights cases relating to the workplace most often fall into two broad categories; sexual harassment and discrimination. Please see the article titled “Sexual Harassment” for more information on that topic. The right to “equal treatment with respect to employment” covers each aspect of the workplace environment and the employment relationship. This includes job applications, recruitment, training, transfers, promotions, dismissal and layoffs. As well, it covers rate of pay, overtime, hours of work, holidays, benefits, discipline and performance evaluations.

​Types of Discrimination

There are three types of discrimination that employers and employees may come across. These are direct, adverse effect and systemic. Direct discrimination occurs when a person is disadvantaged on the basis of an explicit reference to group affiliation. For example, if a “help wanted” sign said that only males need apply. Adverse effect discrimination occurs when a seemingly neutral rule or policy has a discriminatory effect on members of a certain group. For example, minimum height requirements for airline pilots constituted adverse effect discrimination against women. Lastly, systemic discrimination concerns overlapping and interconnected rules, practices and assumptions that combine to produce a discriminatory effect. If you have been discriminated against on a prohibited ground during the course of your employment, contact Ball Professional Corporation to understand your options in detail. You may file an application at the Human Rights Tribunal of Ontario, keeping in mind there is a one year time limit for filing an application from the last discriminatory event. Ontario’s common law may also indirectly provide additional remedies for discrimination, human rights abuses and sexual harassment.

You may file a lawsuit for wrongful dismissal, constructive dismissal, assault, or the tort of intentional infliction of nervous shock or suffering, and explain how discrimination or harassment played in role in the conduct in question. Note that the Human Rights Tribunal of Ontario cannot consider an application if there is already a human rights claim before the court or the claim is the subject of a court decision. The determination of whether or not the legal elements for a human rights, discrimination or sexual harassment case are present depends on the circumstances surrounding the incident.



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Google Reviews

Steven Wang
Steven Wang
19:58 18 Mar 19
Stacey was the third lawyer that I had hired to represent me, after the previous two didn't achieve anything for me. Stacey is very different. He is not only the author of Canadian Employment Law with profound knowledge and experience, he is also the most efficient one, direct to the point. He is the toughest one, well known by HR people, and he takes care of his client all by himself. There is no junior lawyers under him. That's the big difference comparing with other big employment law firms on Google, where I could only meet with a young lawyer with little experience. After he spoke with me for 45 minutes, he found the best way to break through. He didn't need to ask for a lot of document and he didn't bill hours to review them. His fee structure is aligned with his client's best interest. My problem was solved very quickly with a great result, and I only have to meet with him twice and exchange some emails. He's not just a tough fighter and negotiator, he got great strategy to make a deal. He answered my emails during the holidays. He comes in the office very early, and we had a conference call at 7am in the morning when we need to make a quick decision. To me, he is the best employment lawyer, a patient teacher and a friend. I strongly recommend him to those who need help.
Aiden Nix
Aiden Nix
01:13 06 Apr 19
Stacey was super helpful and increased my settlement a significant amount. He is very busy so you have to chase him down a bit but that is minor issue compared to all of the positives. Overall if you need a good labour lawyer then talk to him right away. He is THE lawyer to go to in Ontario!Thanks Stacey!
Sergei R
Sergei R
05:01 06 Dec 18
My experience with Stacey R. Ball was very positive. His fees are reasonable and value I received for the money was outstanding. Luckily, after his advice my situation was resolved almost amicably. You will not believe how reasonable some people can become after they start suspecting you have a good lawyer. An ounce of prevention is worth a pound of cure. If you suspect you might need a lawyer in the future because of some developing situation at work, I highly recommend you wait no more and talk to Stacey.
Danny T
Danny T
18:34 26 Feb 19
Stacey has recently represented me. He’s patient, but to the point which I can appreciate. No fluff. He worked quickly and even responded during his holidays. Definitely highly recommended.
Alexa Arsenault
Alexa Arsenault
19:36 01 Nov 18
If I could give Stacey Ball 30 stars I would! Stacey was right on the “ball” when it came to my legal matter. I called his office and his efficient staff scheduled me for an appointment the next day. He’s a great listener and comes to the point quickly, confidently, and succinctly. He explained best and worst case scenarios and dealt with my matter without delay. He was successful in concluding my legal matter to my satisfaction and met all my expectations. I highly recommend Stacey for all your legal matters.Alexa
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