Ontario Human Rights Commission: A Small Business Owners' Guide to Staying Compliant
- HR
Kiljon Shukullari, HR Advisory Manager
(Last updated )
Kiljon Shukullari, HR Advisory Manager
(Last updated )
Every business in Ontario is expected to follow laws that protect people from discrimination at work. The Ontario Human Rights Commission (OHRC) sets out the rules and policies that guide employers on how to treat employees fairly and equally. For small business owners, understanding and complying with the rules laid down by the Ontario Human Rights Commission is essential.
This blog explains what it means to be compliant with human rights laws in Ontario. It breaks down the main responsibilities for employers, especially those who may not have a dedicated HR team or legal department. The focus is on what compliance looks like in daily business life, using clear explanations and examples.
What is the role of the Ontario Human Rights Commission?
The Ontario Human Rights Commission (OHRC) is the agency that develops policies and educates the public about the Human Rights Code. The OHRC does not investigate or decide on individual complaints from employees or employers. Instead, it provides guidance, develops resources, and raises awareness to prevent discrimination across Ontario.
What is human rights compliance for Ontario employers?
Human rights compliance for Ontario employers means complying with the
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Ontario Human Rights Code
. This law requires all workplaces to be free from discrimination and harassment. Employers are responsible for making sure their policies, practices, and workplace culture do not treat people unfairly because of personal characteristics that are protected by law.
The Ontario Human Rights Code covers areas, such as hiring, promotions, discipline, and day-to-day interactions. Compliance means reviewing how a business operates to make sure no one is treated differently because of race, gender, disability, age, religion, sexual orientation, or other protected grounds. It also means responding appropriately if discrimination or harassment does happen.
For small businesses, compliance involves clear policies, fair hiring and management practices, training staff, and handling complaints in line with the Code. Keeping proper records and updating policies when laws change is also part of being compliant.
Discrimination
is treating someone unfairly or differently because of personal characteristics listed in the Ontario Human Rights Code. These characteristics include race, colour, gender identity, disability, religion, and age. Discrimination can be direct, such as refusing to hire someone because of their religion. It can also be indirect, such as having a rule that makes it harder for people with disabilities to do their job, even if the rule seems neutral at first.
Harassment
is a form of discrimination. It includes comments or actions that are unwelcome, offensive, or make someone feel unsafe at work. Harassment can be based on any of the protected grounds. Examples in a small business might include making jokes about someone’s accent, asking inappropriate questions about a person’s disability, or making repeated unwanted comments about someone’s appearance.
If someone believes their rights under the Code have been violated, the
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Human Rights Tribunal of Ontario
is the body that accepts, investigates, and decides on these complaints. The Ontario Human Rights Commission may become involved in cases that have broader public interest, but its main role is education, policy development, and making sure Ontarians understand and follow the Code.
What are some key protections under the Ontario Human Rights Code?
The Code covers a range of protections that relate to employment. It sets out the types of personal characteristics, known as “protected grounds,” against which discrimination is prohibited. It also defines the situations in a workplace where these protections apply.
The Code lists several protected grounds. These are personal characteristics that cannot be used as a reason to treat someone unfairly at work. In Ontario, the protected grounds in employment are:
Race:
A person's race or the group they are seen to belong to
Ancestry:
Family background or heritage
Place of origin:
The country or region where a person was born
Colour:
Skin colour
Ethnic origin:
A person's cultural group or background
Citizenship:
Whether someone is a citizen, permanent resident, or has another legal status in Canada
Creed:
Religious beliefs or faith
Sex:
Being male, female, or intersex. This also includes pregnancy and breastfeeding
Sexual orientation:
Who a person is attracted to
Gender identity:
How a person identifies their gender (for example, as a man, woman, or non-binary)
Gender expression:
How a person shows their gender through appearance, dress, or behaviour
Age:
Being young or old. The Code protects people age 18 and over in employment
Record of offences:
Past convictions for provincial offences or pardoned federal offences
Marital status:
Whether someone is single, married, widowed, divorced, or separated
Family status:
Relationships with family members, such as being a parent or caregiver
Disability:
Physical, mental, learning, or developmental disabilities, including past or perceived disabilities
Mandatory policies and training every small business needs
Ontario law expects every workplace, no matter the size, to have clear, written policies to address human rights, discrimination, harassment, and accessibility. Even small businesses are required to keep these policies on file and ensure that employees know about them. Written HR documentation helps demonstrate compliance with the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act (AODA).
An
anti-discrimination and harassment policy
is a document that outlines how the business identifies, responds to, and investigates claims of discrimination or harassment in the workplace. It includes definitions for discrimination and harassment, including examples that relate to race, gender, disability, or other protected grounds.
The policy describes the steps employees can take to make a complaint. It sets out how complaints are received, who reviews them, and how investigations are conducted. The policy includes timelines, confidentiality rules, and the possible outcomes or consequences for anyone found to have violated the policy.
Key elements of an anti-discrimination and harassment policy:
Clear definitions:
Discrimination and harassment based on protected grounds
Protected grounds:
Race, gender, disability, religion, and other Code-protected characteristics
Complaint process:
Steps to file a complaint, including to whom and how
Investigation procedures:
Timelines, confidentiality, and documentation requirements
Consequences:
Possible disciplinary measures for policy violations
Employers in Ontario are required to document how they provide equal access and accommodations for employees, customers, and visitors with disabilities. This is required under both the Ontario Human Rights Code and AODA.
Ontario employers should provide regular training to all employees, including managers and supervisors, on human rights topics. Training covers what the Human Rights Code and AODA require, how to recognize discrimination and harassment, and how to follow workplace policies.
Training also includes a review of the steps for requesting accommodation and the process for reporting or responding to complaints. Documentation of training sessions, including dates, topics, and who attended, is kept on record.
Common Human Rights Compliance Pitfalls to Avoid
Non-compliance with the Ontario Human Rights Code can result in complaints or violations. Most issues are preventable with clear policies, fair procedures, and proper documentation.
Using informal or unwritten rules in the workplace creates legal risks. Without written procedures, different employees may experience different treatment, which can be seen as discrimination or favouritism. Unwritten rules also make it difficult to show that fair and consistent practices exist if a complaint is made. Written policies, applied consistently, provide a record of expectations and decisions.
Not responding to accommodation requests is another frequent mistake. Employers have a legal
duty to accommodate
related to protected grounds, such as disability, religion, or family status. Dismissing or ignoring a request without proper assessment is a violation of the Code. Employers are expected to consider each request and explore possible solutions up to the point where providing accommodation would cause undue hardship based on cost, health, or safety.
Some businesses handle discrimination or harassment complaints informally or without documentation. This approach can lead to missed steps and unresolved issues. Inadequate investigation procedures include:
Failing to document complaints:
No written record of the issue raised
Not gathering facts:
Incomplete investigation or missing witness statements
Not taking action:
No corrective measures when problems are found
Proper investigations follow a set process, keep records of findings, and outline what corrective actions, if any, are taken. This protects both employees and employers if questions arise later.
Understanding the duty to accommodate in practice
The
duty to accommodate
is a legal requirement under the Ontario Human Rights Code. It applies when a workplace rule, policy, or practice negatively affects an employee because of a protected ground, such as disability, religion, or family status. This duty means employers and employees work together to find reasonable solutions that allow the employee to take part in the workplace, unless doing so would create undue hardship for the employer.
Accommodation is not about giving special treatment. It is about removing barriers so all employees can do their jobs. The process involves communication, consideration of options, and sometimes making changes to how work is done or where it is done.
Accommodation involves treating each person with respect. This means solutions are provided in a way that does not embarrass, stigmatize, or single out anyone. For example, if an employee uses a wheelchair, access to the workplace is arranged through the main entrance and not through a back door or delivery area.
Privacy and confidentiality are important. Information about an employee's need for accommodation is only shared with those who need to know. The process allows the employee to participate in decisions about their accommodation.
Accommodation is based on individual needs. The same solution will not work for everyone, even if two people have the same type of disability or barrier. For example, two employees who have vision loss may require different types of computer software or workspace changes.
Employers should consider the specific details of each request. Solutions are reviewed and adjusted if the employee's situation changes or if the original accommodation is no longer effective.
The goal of accommodation is to allow employees to take part in the workplace as fully as possible. This means making changes that allow the employee to work alongside others, rather than setting them apart. For example, modified workstations or flexible schedules are arranged so the employee can work in the same area and on the same team as others.
If full integration is not possible, the next best solution is used. Separate treatment is only considered if integrated solutions would cause undue hardship or cannot meet the employee's needs. The aim is always to remove barriers and support participation.
How the Ontario Human Rights Code interacts with AODA, Ontario ESA and OHSA
In Ontario, workplace compliance is shaped by several different laws. The Ontario Human Rights Code, the
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Accessibility for Ontarians with Disabilities Act (AODA)
, the
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Employment Standards Act (ESA)
, and the
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Occupational Health and Safety Act (OHSA)
each set requirements that can overlap in day-to-day business operations.
The Ontario Human Rights Code places a duty on employers to accommodate employees on protected grounds, including disability. This means making adjustments to remove barriers for individuals so they can participate in the workplace.
The AODA sets out accessibility standards for workplaces, such as requirements for accessible customer service, information, and employment practices. These standards apply to organizations based on their size and sector.
The Human Rights Code takes precedence if AODA standards do not fully address an individual's needs. For example, if an accessibility feature required by the AODA is not enough for a specific employee, the Code requires further accommodation, unless it would cause undue hardship. Organizations are expected to follow both laws but resolve any conflicts by ensuring the higher standard of accessibility is met as required by the Code.
The ESA sets out minimum standards for employment in Ontario, including rules about hours of work, overtime, and various types of leaves, such as sick leave, family responsibility leave, and parental leave.
The Human Rights Code also addresses workplace leave, especially when leave is connected to a protected ground like disability, religion, or family status. An employee may have rights to both ESA leave and accommodation under the Code at the same time. For instance, a worker might use ESA sick leave for a health issue and request a longer leave as an accommodation under the Code.
Employers are expected to consider both sets of requirements. The ESA provides the minimum entitlement, while the Code may require additional leave or workplace adjustments if the situation involves a protected ground.
Are your company policies compliant with the Ontario Human Rights Code?
Our HR experts can help you develop legally compliant policies as well as with any other HR, health & safety, or employee relations matter. To learn more about how our services can help your business, call us today at
(1) 833-247-3652
.
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