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How do I make a claim to the Human Rights Tribunal of Ontario?

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How do I make a claim to the Human Rights Tribunal of Ontario?

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Reviewed: 
September, 2015
Answer

If an employer discriminates against you in a way that goes against Ontario's human rights laws, you might be able to make a claim against the employer. You do this with the Human Rights Tribunal of Ontario.

The Tribunal could order the employer to pay you money or give you a job. But they don't usually order the employer to give you back your job if you were fired.

If you left your job or got fired, you might have the option of suing your employer in court. You might want to get legal advice before you decide what to do.

Discrimination that is against human rights laws

Employers aren't allowed to discriminate for reasons that go against human rights laws.

This means that, in most cases, an employer can't decide not to hire you, treat you unfairly, or fire you because of:

Rules that discriminate

Some employers say they have rules that apply to everyone. But this might be discrimination if the reason you can't meet the rules goes against your human rights.

For example, an employer might have a dress code that applies to everyone. But they might have to let you dress differently if you wear something for religious reasons.

Time limits

The deadline to apply to the Tribunal is one year from the date you were discriminated against.

If you miss the deadline, you can still apply. But in your application, you need to explain why you're applying late. If you have a good reason, for example, you couldn't apply because you were in the hospital, the Tribunal can decide to let you apply late.

Learn more about this topic
Hamilton Community Legal Clinic / Clinique juridique communautaire de Hamilton
Human Rights Tribunal of Ontario
Human Rights Legal Support Centre (HRLSC)

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