How to file a complaint with the Ontario Human Rights Tribunal
What is discrimination? And what should you do if you are discriminated against?
Discrimination is an act or decision to mistreat a person or group because of reasons such as race, age, or disability. These grounds, also called context, which may cause discriminatory treatment of a person, are prevented under the Canadian Human Rights Act.
The areas of discrimination are:
National or ethnic origin
Gender identity or expression
A conviction for which a pardon has been granted or a record suspended
Examples of discrimination
There are different ways that a person can experience discrimination. Some examples are:
1- A bank has lending rules that make it unreasonably difficult for new immigrants to get a loan. This may be a case of discrimination based on two grounds, race and national or ethnic origin.
Due to the color of the skin, a person is systematically forced to undergo a second screening at airports. This may be a case of discrimination on the basis of color.
An employer assigns his employees to weekend shifts without recognizing that some employees observe the law of not working on Saturdays and cannot work on those days, or people who do not work on Eid al-Fitr and the employer Force them to work that day. This may be a case of discrimination based on religion.
An employer’s physical fitness requirements are based on the abilities of a 25-year-old, rather than the actual needs of the job. This may be a case of age discrimination.
A female employee with a history of excellent performance announces that she is pregnant. Immediately, his employer begins to identify performance issues that lead to his dismissal. This may be a case of discrimination based on gender.
A policy provides benefits to some married couples but not to others. This may be a case of discrimination based on two grounds – sexual orientation and marital status.
After having a child, a woman cannot find a caregiver for her child to continue working in night shifts, and the employer does not allow her to work in day shifts and does not show flexibility. This may be a case of discrimination based on family status.
An employer requires all employees to have a valid driver’s license. People who are unable to drive because of a disability are not given the opportunity to demonstrate how they can still do the job using public transport. This may be a case of discrimination based on disability.
A person is disqualified from employment because of a previous conviction for which a pardon was issued or a record was suspended. This may be a case of discrimination based on conviction and remission.
A person is denied a job because they shared their genetic test results with a potential employer, which showed they were related. This may be a case of discrimination based on genetic characteristics.
A policy requires that a person identify themselves as male or female. This may be a case of discrimination based on gender identity or expression.
We will continue to provide you with the laws of the province of Ontario, and the situation is almost the same in all of Canada: you can file a complaint with the Human Rights Tribunal of Ontario (HRTO) due to discrimination.
The Ontario Human Rights Tribunal accepts petitions from people who have been discriminated against under the Ontario Human Rights Act.
Your complaint must be submitted and filed within one year from the date of discrimination. The Human Rights Legal Center (HRLSC) offers free assistance in filing a case.
What is the procedure for filing a complaint in HRTO?
A person who has discriminated against you is known as a complainer. When you file a complaint, the Ontario Human Rights Tribunal will send copies of the complaint to the complainant, and he or she is expected to provide a written response to the complaint, and you will have the opportunity to respond to it.
All the people who submit a petition to this court are asked for their willingness to participate in the dispute resolution meeting with the presence of the court representative to solve the problem. To hold such meetings, both parties to the complaint must agree to participate in it.
In the dispute resolution session, representatives from the Ontario Human Rights Court listen to the views and problems of both sides and try to reach an agreement between them. If the dispute resolution session is not the option chosen by both parties to solve the problem, or if it does not achieve the desired result, the relevant petition will be referred to the court session.
In the court session, the judge (judge) listens to both sides of the complaint, examines the documents and evidence and announces the final verdict on the case. Depending on the case, you may have to wait several months to receive a final vote.
The final decision of the court can oblige the complainant to compensate the damage, which will be financial or non-financial.