Employment discrimination remains a critical issue in workplaces across Canada and around the world. It affects hiring decisions, promotions, pay structures, workplace dynamics, and overall job satisfaction. Despite legal protections, many employees still experience discrimination based on race, gender, age, disability, religion, and other protected characteristics.
In this guide, we’ll define employment discrimination, examine the different types, explore legal protections under Canadian law, and explain what employees and employers should do when discrimination occurs. Whether you’re an employee experiencing unfair treatment or an employer seeking to create an inclusive environment, understanding employment discrimination is essential.
What is Employment Discrimination?
Employment discrimination occurs when an individual is treated unfairly in the workplace based on characteristics unrelated to their job performance. This unfair treatment can be direct or indirect and may occur at any stage of the employment cycle — from hiring and onboarding to promotion and termination.
In Canada, employment discrimination is illegal under federal and provincial human rights legislation, which protects individuals from discrimination based on specific personal attributes known as protected grounds.
Protected Grounds Under Canadian Law
The Canadian Human Rights Act and provincial human rights codes protect employees and job applicants from discrimination based on the following grounds:
- Race
- Ethnic origin or ancestry
- Colour
- Religion or creed
- Age
- Sex (including pregnancy and childbirth)
- Sexual orientation
- Gender identity and gender expression
- Disability (physical or mental)
- Family or marital status
- National origin or citizenship
- Record of offenses (in specific jurisdictions)
Employers are legally obligated to provide equal treatment to all employees and job candidates, regardless of these characteristics.
Types of Employment Discrimination
Employment discrimination can manifest in various ways — some overt, others subtle. Here are the most common forms:
1. Direct Discrimination
This occurs when an employer or colleague treats someone unfairly because of a protected characteristic. For example, refusing to hire someone because of their age or terminating a female employee upon discovering she is pregnant.
2. Indirect Discrimination
This happens when a policy or rule applies to everyone equally but has a negative impact on a particular group. For example, enforcing a strict dress code that doesn’t accommodate religious attire could be considered indirect discrimination.
3. Systemic Discrimination
Systemic or institutional discrimination involves patterns or practices within an organization that disadvantage certain groups over time, often unintentionally. This may include biased recruitment methods, promotion systems, or lack of representation in leadership.
4. Harassment
Harassment is a form of discrimination that includes unwelcome conduct based on protected grounds. Examples include offensive jokes, slurs, bullying, or unwanted sexual advances.
5. Retaliation
Retaliation occurs when an employee faces punishment or adverse treatment for asserting their rights — such as reporting discrimination or participating in an investigation.
Real-World Examples of Employment Discrimination
- A qualified Black applicant being overlooked repeatedly in favor of less-experienced white candidates
- A woman being passed over for a promotion due to assumptions about maternity leave
- An employer refusing to accommodate an employee’s religious holidays
- A workplace that fails to install ramps or adaptive equipment for an employee with a disability
Such incidents not only violate human rights laws but also contribute to toxic workplace cultures, poor morale, and decreased productivity.
Legal Protections and Remedies
In Canada, both federal and provincial/territorial laws protect employees from workplace discrimination.
Federal Law:
- Canadian Human Rights Act: Applies to federally regulated employers (e.g., banks, airlines, telecom companies).
- Employment Equity Act: Promotes fair treatment and representation of women, Indigenous peoples, persons with disabilities, and visible minorities.
Provincial Laws:
Each province and territory has its own Human Rights Code or Act (e.g., the Ontario Human Rights Code, British Columbia Human Rights Code) that outlines protections and processes for filing complaints.
Filing a Human Rights Complaint
If you believe you’ve been a victim of employment discrimination, you can file a human rights complaint with your local or federal human rights tribunal.
Steps to Take:
- Document the Incidents – Keep a detailed record of discriminatory events, including dates, times, names, and what was said or done.
- Report Internally – Raise the issue with HR or a supervisor if you feel safe doing so.
- Seek Legal Advice – A legal professional can help assess your case and guide you through the process.
- File a Complaint – Submit your complaint to the appropriate human rights tribunal or commission.
Deadlines for filing vary by province, so it’s important to act quickly.
Employer Responsibilities: Preventing Employment Discrimination
Employers play a crucial role in preventing discrimination and fostering inclusive workplaces. Some key responsibilities include:
✅ Creating Clear Anti-Discrimination Policies
A written policy that outlines unacceptable behavior, reporting procedures, and consequences is essential.
✅ Training Staff and Managers
Regular sensitivity, diversity, and equity training can raise awareness and reduce unconscious bias.
✅ Accommodating Employee Needs
Employers are legally required to accommodate employees up to the point of undue hardship, especially in cases of disability or religion.
✅ Investigating Complaints Promptly
Take all complaints seriously, investigate thoroughly, and maintain confidentiality throughout the process.
When companies address discrimination proactively, they not only comply with legal obligations but also improve employee retention, morale, and performance.
The Impact of Employment Discrimination
Discrimination in the workplace can have severe consequences for both individuals and organizations:
For Employees:
- Emotional distress
- Loss of confidence
- Missed career opportunities
- Financial hardship
For Employers:
- Legal liability and fines
- Reputational damage
- Increased employee turnover
- Lower productivity and morale
By addressing discrimination promptly and comprehensively, businesses can create a safer and more equitable workplace for everyone.
When to Contact an Employment Lawyer
If you feel that your employer has discriminated against you and internal efforts have failed, it may be time to speak to a legal professional. The best employment lawyer Toronto professionals can help assess your situation, protect your rights, and represent you in a human rights claim or wrongful dismissal lawsuit.
Conclusion
Employment discrimination is not only illegal — it’s harmful, unfair, and counterproductive. Employees deserve to work in environments where they are treated equally and with respect. Employers must take proactive steps to create inclusive policies and workplace cultures that support diversity and equity.
Whether you’re a victim of discrimination or an employer looking to stay compliant with human rights law, understanding the signs and consequences of employment discrimination is the first step toward lasting change.
By recognizing and addressing discrimination when it occurs, we move closer to achieving fairness and equality for all in the workplace.
