Human rights in employment could be said to be a basis in creating a workplace that is non-discriminatory, equitable, and equal opportunities for all employees. Canada has sound legislative mechanisms at both the federal and provincial levels to protect employees in the workplace. These provisions allow employees to work in an environment free from any form of discrimination based on their racial background, sex, disability, sexual orientation, religion, and/or other grounds protected by the law.
These protect the nurturance of diversity and respect for differences that need to come together in concert to constitute a healthy work culture.
Understanding Workplace Discrimination
Workplace discrimination involves a situation where a worker is subjected to inequitable or unequal treatment based on his personal characteristics or attributes, which the law protects. The protected characteristics include race, ethnic origin, gender, age, sexual orientation, disability, religion, family status, and many more.
This kind of discrimination may be in the form of unfair hiring, unequal pay, denial of promotion, wrongful termination of work, or even through hostile work environment conditions using offensive remarks or harassment.
Discrimination in employment has been illegal throughout Canada under both federal and statutory law. The Canadian Human Rights Act covers the federal level, which would cover banks, airlines, and telecommunications. For all other employees, their workplace discrimination is covered under the provincial or territorial human rights legislation. So there would be the Ontario Human Rights Code for those workers who are employed within the province of Ontario.
Lawful Protections against Discrimination
The human right law of Canada works at the very front to safeguard the rights of employees against discrimination and provides equal opportunities in securing employment. It does not permit discrimination by the employers against their workers or applicants for employment on any of the grounds protected under the law.
The human rights legislation demands accommodation from the employers to the extent of undue hardship.”. Duty to accommodate refers to reasonable adjustments an employer is supposed to give the employer, especially persons with disabilities, religious practices or any other needs for them to work at ease and efficiently.
If you think you are being discriminated against, an employment lawyer can advise on your rights in the workplace and may provide the first steps toward taking control and working out what further action to take. Employment lawyers who specialize in human rights and workplace law will have highly valued advice on whether you have a good case, what evidence you need, and how to lodge a complaint.
With these, a lawyer will be better positioned to negotiate the settlements and also represent one in courts of law when the situation escalates.
Harassment and Hostile Work Environments
Workplace harassment is probably one of the most important issues concerning most employees within the ambit of the various definitions of discrimination alluded to above. Generally, workplace harassment constitutes a range of behaviors and conduct that degrade, humiliate, or intimidate based on a protected characteristic. Examples are offensive jokes, slurs, inappropriate comments, or even exclusion from activities at work.
Solutions for employees when facing harassment in the workplace come from both federal and provincial legislatures. For the employees being harassed, they can either file complaints with the employer or a human rights complaint with the respective human rights tribunal. It is the legal duty of the employer to investigate any complaints of harassment, to take corrective action to end the behavior but also to take preventive measures so the behavior does not happen again.
Filing a Human Rights Complaint
If a person feels discriminated against, there are some actions they may want to take. First, they may want to report it to their employer through human resources. Most companies have anti-discrimination and anti-harassment policies in which complaints are handled within the company.
If no resolution is possible, it can be taken in front of a human rights commission or tribunal. Each province and territory has a human rights body responsible for processing complaints of workplace discrimination. Federally regulated workplaces are under the umbrella of the Canadian Human Rights Commission, which investigates complaints to see if there has been compliance with the CHRA.
Said commission or tribunal shall then investigate the complaint and take the necessary legal action to legally remedy the situation. Remedies could take any number of forms including but not limited to monetary compensation for the employee, reinstatement to a position, or an order for the employer to change discriminatory policies or practices.
The Importance of Encouraging Human Rights in the Workplace
Furthermore, promoting human rights in workplaces not only is a duty imposed by law on employers but also an indispensable ingredient in a working environment that is effective and diverse. Reciprocally, employers who welcome diversity and inclusion will have more dedicated employees, less turnover of workers, and an improved company reputation. Workplaces that permit discriminatory practices or harassment will most likely receive legal consequences and bad publicity on the other hand.
They should introduce effective anti-discrimination policies, hold regular training on human rights issues, and lay down procedures for investigating complaints as soon as possible effectively. In this way, the businesses would be building up a pattern of respect and equal rights within which the employees would feel valued and well-protected.
Human rights laws protect employees against discrimination and bring equality into the workplace right across Canada. It could be accommodation, prevention of discriminatory treatment, or addressing harassment-the laws make sure that everyone’s workplace is respectful and safe to work in. Due care should be taken both by employers and employees to make themselves aware of their respective rights and responsibilities with respect to keeping the workplace free from discrimination.
