Learning activity 3.3: Human rights and workplace legislation

Basic human rights

Our legislated rights, liberties, and responsibilities affect us at all levels: as Canadians, as workers, students, children, and parents. By knowing what these rights and responsibilities are, we can make sure that we treat all people with the respect and care that we all deserve.

Laws protecting your rights and freedoms

-It is a core principle of Canadian society that everyone is born free and equal. -federal and provincial governments have created laws that protect the rights, freedoms, and responsibilities of the individual, as well as specific legislation that deals with the workplace.

Canadian human rights legislation

-Canadian Charter of Rights and Freedoms

-Canadian Human Rights Act

Ontario Human Rights Legislation

-Ontario Human Rights Code(Opens in new window)

-Ontario Employment Standards Act (ESA)

Canadian Charter of Rights and Freedoms

-The Canadian Charter of Rights and Freedoms gives all the people in Canada human rights protection under the law.

-It clearly states the rights of everyone in Canada, so that these rights can be understood by the people and be protected by the legal system.

Among the rights included in the Canadian Charter of Rights and Freedoms charter are the right to:

-freedom of conscience and religion

-freedom of thought, belief, opinion, and expression (including the media’s right to freedom of the press)

-freedom of peaceful assembly

-freedom of association

-Discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability is prohibited under the Charter.

Canadian Human Rights Act

- administered by the Canadian Human Rights Commission.

-applies to industries under federal jurisdiction, such as air transport, radio and television broadcasting, banking, and telecommunications.

-The provincial legislation is similar and is designed to protect against discrimination those individuals not covered under Federal legislation.

Ontario human rights legislation

-Each province and territory in Canada has similar human rights legislation to protect individuals against discrimination. It covers individuals who are not covered by the federal legislation, the Canadian Human Rights Act.

Ontario Human Rights Code

• the Ontario Human Rights Code, which is enforced by the Ontario Human Rights Commission, exists to protect everyone in Ontario from discrimination and harassment.

• Discrimination is defined as unfair treatment. Harassment is a form of discrimination.

• Individuals in Ontario should be free from discrimination in the areas of services, goods and facilities; housing; contracts; membership in vocational associations and craft unions; and employment. In other words, you cannot be denied access to any of these as a result of discrimination.

Racial harassment

• Racial harassment can happen when someone:

• makes racial slurs or jokes

• ridicules or insults you because of your racial identity

• shares cartoons or pictures that degrade persons of a particular racial group

• calls you names because of your race, colour, citizenship, place of origin, ancestry, ethnic background or creed

Sexual harassment

• Someone who engages in sexual harassment makes unwelcome sexual or gender-related remarks and gestures by:

• touching you inappropriately

• making offensive jokes or remarks about women or men

• making sexual requests or suggestions

• staring at or making unwelcome comments about your body

• displaying sexual offense of pictures

• being verbally abusive to you because of your gender

• The last point means that sexual harassment does not have to be sexual in nature. Using stereotypes about one gender or the other can be a form of sexual harassment.

Ontario Employment Standards Act (ESA): Your rights at work

• It is your moral responsibility to treat others with respect, and it is your legal responsibility to respect their human rights.

• You must not discriminate against others and you must not harass others.

• Your employer has a responsibility to stop or prevent discrimination and harassment in the workplace.

• The workplace is governed by the Ontario Human Rights Code and the Ontario Employment Standards Act. The Ontario employment standards Act is a law that sets minimum standards for fair workplace practices in Ontario.

• If you work in a unionized company, speak with your union representative. If your employment is not unionized, speak to your supervisor or the head of human resources and try to resolve the situation at that level.

• If the first step does not resolve the situation, then contact the Ontario Ministry of Labour, who can send employment standards officers to inspect workplaces and look into possible violations of the ESA.

Consequences of violating the ESA

• Employers can be ordered to:

• pay the wages that are owing to employees

• follow the rules of the ESA

• give back an employee’s job

• compensate an employee

• An employer may also be given a ticket or charged with an offense. If convicted, an employer may be fined or sent to jail.