If you have been the victim of workplace discrimination because of your disability, age, ethnicity, or on any other protected grounds, you may have legal recourse under human rights law.
It would be best to book a free consultation with one of our employment lawyers to learn your rights and how to enforce them.
How we can support you
If your employer has not provided you with a discrimination-free workplace, you may feel unsure of what to do next. Rest assured you are not alone. When you call Share Lawyers, you will speak with someone who knows what you are going through and can offer you the best possible advice at no cost to you.
Why you should contact us:
- It’s free to talk to us
- There are no fees unless you win
- We specialize in employment law and can go through your options
- We make arrangements for a free consultation with one of our employment lawyers to see how we can fight back you are experiencing workplace discrimination
- We're there to answer all of your questions
Discrimination in the workplace
Every employee has the right to a workplace free from discrimination, and every employer has a corresponding duty to protect employees from discrimination. Unfortunately, employers do not always honour that duty, which means employees need to take matters into their own hands and enforce their rights.
What is workplace discrimination?
Workplace discrimination occurs when you are excluded, denied benefits, or face other adverse consequences in the workplace based on stereotypical assumptions about your age, gender, sex, ethnicity, religion, disability, or other protected ground under human rights legislation.
Does discrimination need to be intentional?
No – this is a common misconception. Many instances of discrimination (maybe even most) take place without any intent to do harm. In almost all cases, discrimination is not the only explanation for the conduct.
In short, human rights law is focused not on discriminatory intentions but rather discriminatory effects.
When people think of workplace discrimination, they most often think of direct discrimination, which involves biases and negative attitudes directly associates with a protected characteristic.
Example: An employer rejects a Black candidate for a job after interviewing her. The hiring manager appeared disinterested and cut the interview short, without asking about the candidate’s credentials. When the candidate asked the hiring manager what went wrong, he said something about maintaining the company image.
Direct discrimination can be subtle and require an examination of the larger context. Your employer is not likely to admit (even to themselves) that their conduct was discriminatory. Evidence may include how other employees in similar positions have been treated, and whether a pattern of conduct exists.
Indirect or Systemic discrimination
Indirect discrimination occurs when seemingly neutral workplace policies have a discriminatory effect on certain employees because of a protected characteristic.
Example: An employer adopts a policy that employees who are absent for more than 10 days in a month will be disciplined. This policy could indirectly discriminate against employees who need to be absent from work due to a disability, or for parental leave.
Poisoned work environment
There are situations where discriminatory harassment, jokes, comments, or conduct in the workplace may lead to a poisoned work environment for employees with a protected characteristic, even if the discrimination is not targeted at anyone in particular. Employees may be made to feel uncomfortable, threatened, or unwelcome in a poisoned work environment. This constitutes discrimination.
Example: B, an employee in his 60s, recommends his younger brother, C, as a candidate for a job opening to his manager. C is not contacted for a job interview, and a different candidate is hired instead. Later, B overhears his manager explaining to another employee that “we don’t need any more old farts working here”.
Duty to accommodate
Employers are required to accommodate your work restrictions related to your protected ground unless doing so would cause your employer “undue hardship”. For instance, employers are not required to create new positions or provide “make-work” projects purely for the purpose of accommodating a protected ground. That said, most legitimate accommodations do not constitute undue hardship.
Example: A devoutly Muslim employee asks for brief scheduled breaks from work in order to pray. The employer would be required to accommodate these breaks.
One of the most important protections afforded by human rights legislation is the right to be free from retaliation. This means that employers are prohibited from punishing or taking negative actions against employees for seeking to enforce their human rights. Anti-reprisal protection acts both as a deterrent and as a remedy for employees who have sought to enforce their human rights.
Disability Lawyers in Toronto, proudly serving clients in Ontario and across Canada
Are you looking for a disability lawyer to fight for your rights? Our law firm have unmatched experience in disability law and we don't let provincial borders stop us from helping you in your time of need. Your insurance company has a presence throughout Canada and it makes sense to hire a disability law firm that has a true expertise in disability law and has a national presence too. Your insurance company knows who we are and knows that we won’t back down.
Employment lawyer fees
We are different from other law firms dealing with employment law because we work on contingency and you do not have to pay any fees unless you win.* There are no upfront costs and there are no fees until we settle your case. Everything is results-driven, and we only get paid if you get paid. It is part of our Share Law Guarantee.
*certain exceptions apply and in cases where we are not able to offer a contingency fee retainer, we will discuss the other options with you.
How much time do I have?
Employment claims are subject to certain time limits. As soon as you have been terminated from your employment or feel that your rights as an employee have been ignored, we encourage you to contact the employment lawyers at Share Lawyers for legal advice and to discuss your case.
If you are experiencing workplace discrimination and are unsure of what to do next, we will review the details of your experience and talk you through all of your options — free of charge. It’s important to be informed about the employment process and to know your rights.
No fees unless you win your case
We understand your situation and that paying for an employment lawyer may feel out of reach. We are here to help you. That is why we offer a free consultation, why there are no upfront costs to you, and why there are no fees unless you win your case. You’re not alone. We believe in your case, which is why we only get paid when you do.
When you work with us, you get guidance and tools to help you along the way. You will become a member of a privileged group of clients that have access to our hub, called Life reBUILDER™, exclusively from Share Lawyers. It offers six unique services to help rebuild your life and get you back on track, beginning with the expertise of a full legal team all working for you.