Human Rights

STACEY REGINALD BALL

82 SCOLLARD STREET TORONTO, ON, M5R 1G2

Call:(416) 921 7997 Ext. 225     Email:srball@82scollard.com

STACEY REGINALD BALL

Featured by as most frequently recommended employment lawyer.

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

HUMAN RIGHTS CODE

​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.

DISCRIMINATORY EVENT

CONSULTATIONS

Featured Publications

Canadian Employment Law

Mr. Ball is 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.

To order Mr. Ball's Canadian Employment Law please visit the Carswell Store by clicking here or on the button below.

CLIENT REVIEWS

“ Stacey Ball is the ultimate in employment lawyers. He got me an excellent settlement and I referred him to fellow long term employees whom I know were very happy in their outcome. I cannot recommend him enough; his name alone will give you clout. This is the guy who wrote the book. He is the best. ”
- John Cunningham, Toronto, ON

“ I was strongly advised by another client to see Stacey Ball. At the initial consultation I found Stacey to be very candid, honest and confident. He was very knowledgeable and upfront about reasonable expectations. He acted quickly on my behalf, which resulted in a fair settlement. I would recommend Stacey to anyone who wishes to use a pro, who knows the law, and is the best employment lawyer in the business. ”
- Todd Kemp, Oshawa, ON

“ I would highly recommend Stacey Ball as an employment lawyer. He was honest, hard working on my behalf and obtained an excellent settlement. I found him to be the top and best employment lawyer I could have obtained. ”
- Lou T. Richmond Hill, ON

“ Stacey Ball is the best employment lawyer you can have on your side in Toronto. There is no employment lawyer representing employees with a stronger track record than him. In my experience, he gets the results that meet your needs, even against the most stubborn employers. Had I not gone with Stacey, I would have gotten nothing because that was what my employer insisted on until he intervened on my behalf. He is the best and top employment lawyer. ”
- James Yu, Toronto, ON

“ I first used Stacey over a decade ago to review personal and business employment contracts. Stacey is arguably the best employment law lawyer in both Canada and south of the border. His intimate knowledge of the law is second to none. He is readily available for any situation which requires a quick, frank and authentic response. I would highly recommend him for both individuals and organizations alike.​ ”
- Antoinette St. Angelo, V.P. & Director of Production Services, Toronto, ON

Associations