3. Find out if you can complain to the Human Rights Tribunal
Question & Answer
What can I do if I am being harassed at work?Any that goes against your human rights is a kind of . This includes harassment because of:
- your race, colour, ancestry, ethnic origin, citizenship, or where you were born
- your religious beliefs
- a physical or mental , including an addiction
- your sex or gender, including pregnancy
- your sexual orientation, gender identity, or gender expression
- your family or marital status
For this kind of harassment, you usually make a complaint to the Human Rights Tribunal of Ontario (HRTO). You can also complain to the HRTO if your employer punishes you for reporting harassment.
The HRTO deals with complaints involving Ontario's Human Rights Code, which most employers in Ontario must follow.
But some workplaces are covered by the Canadian Human Rights Act. These workplaces include banks, airlines, some trucking businesses, and broadcasting.
The Canadian Human Rights Commission has a complete list of workplaces. The Commission deals with complaints against these employers.
What the HRTO can do
If the HRTO decides that you were discriminated against, they can order your employer to:
- pay you money
- give you your job back
- change things at work so you don't have to work with someone who harassed you
- change its practices so they follow human rights laws
You can ask for money to cover expenses that you had because of what your employer did. For example, you might have lost if you missed work because of how your employer treated you. Or, you might have had to spend money on therapy.
You can also ask for money because of how your employer's actions affected you. The HRTO can order the employer to pay you money for the hurt they caused you. You don't have to show that their actions cost you money.
Time limits
The deadline to apply to the HRTO is one year from the date you were harassed.
If you miss the deadline, you can still apply. But you need to explain why you're applying late. If you have a good reason, for example, you were in the hospital, the HRTO can decide to let you apply late.
You can learn more about applying to the HRTO in How do I make a claim to the Human Rights Tribunal of Ontario?
