5. Know what to do if your employer does not respect your rights
Question & Answer
I’m going to be a parent. What are my rights as a worker?Employers are not allowed to discriminate against you for reasons that go against your human rights. So your employer cannot discriminate against you because you're pregnant or you have children.
The law also says your employer cannot punish you for acting on your rights as a worker.
Acting on your rights as a worker includes:
- telling your employer you need to take pregnancy or parental leave
- taking pregnancy or parental leave
- coming back to work after your leave
Things employers are not allowed to do
Your employer cannot punish you for acting on your rights as a worker or discriminate against you by:
- firing, suspending, or disciplining you
- transferring you to another position
- reducing or changing your hours
- not giving you a raise or other benefits
- harassing or threatening you
- intimidating or bullying you
If your employer does any of those things to punish you for acting on your rights as a worker, it's called a .
It's also against your human rights if your employer does any of those things because you're pregnant or have children.
Your options
You may be able to make a claim to the Ministry of Labour. You can do this if your employer punished you for something you have the right to do under the Employment Standards Act. This includes the right to parental leave.
You may be able to make a claim at the Human Rights Tribunal of Ontario if your employer discriminated against you for a reason that goes against your human rights. For example, they might have discriminated against you because you're pregnant or have children.
If the Ministry or the Tribunal decides that your employer broke the law, they can order your employer to:
- pay you money
- give you a job
- change their practices so they follow the law
If you were fired, you might also be able to sue your employer in court.
Getting legal help
It's important to get legal advice to help you decide what to do.
You can get free legal advice and information about your human rights from the Human Rights Legal Support Centre.
