5. Learn more about making a human rights claim

I have to take care of my child. Does my employer have to accommodate me?
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5. Learn more about making a human rights claim

If you think an employer has discriminated against you because they did not accommodate your family status need, you can apply to the Human Rights Tribunal of Ontario. The Tribunal can decide if an employer has discriminated against you.

Try to get legal advice before you decide to apply. You start the process by making an application to the Tribunal.

What the Tribunal can do

If the Tribunal decides that the employer discriminated against you, there are things the Tribunal can order the employer to do.

For example, the Tribunal can order the employer to:

  • pay you money to compensate for the discrimination
  • give you the accommodation you need
  • change its practices so they follow human rights laws

The Tribunal usually does not order an employer to give you back your job.

You can ask for money to cover costs that you have or replace money that you were forced to spend because of what your employer did.

You can also ask for money because of how the employer's actions affected you. When an employer does not respect your human rights, this can hurt you. The Tribunal can order the employer to pay you money for the hurt they caused you. You don't have to show that the employer's actions cost you money.

What to say in your application

In your application, you say:

  • what happened
  • why you think the employer's decision is against your human rights

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. In your application, you need to show a good reason why you're applying late. For example, if you couldn't apply on time because your child was in the hospital, the Tribunal might decide to accept your late application.

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Reviewed: October 31, 2017

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