4. Learn more about making a human rights claim
Question & Answer
What if I’m not hired because an employer discriminates against me?You might think that an employer did not hire you for a reason that goes against your human rights. If this happens, you can apply to the Human Rights Tribunal of Ontario.
It's important to understand the steps in making a claim at the Tribunal.
You can also learn more about starting a claim in Completing and Filing an HRTO Application.
What the Tribunal can do
If the Tribunal decides that your employer broke the law, they can order the employer to:
- pay you money
- let you apply for the job again or get a new job interview
- change its hiring practices so they follow human rights laws
You can ask for money to cover costs that you had because of what the 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 if they did something that hurt you. You do not have to show that what they did cost you money.
What to say in your application
In the application, say:
- what happened
- why you think the employer's decision is against your human rights
For example, an employer's decision is against human rights laws if they:
- will not hire someone who's pregnant
- will not hire anyone who speaks English with an accent that sounds like they were not born in Canada
- refuse to make any changes to the workplace for someone using a wheelchair
- will not hire anyone who wears a religious head covering, such as a niqab or kippah
An employer might not tell you why you did not get the job. But you might have information that shows why, such as:
- questions that they asked you
- rules they have that apply to everyone, even if they go against someone's human rights
For example, an employer might say they have rules about wearing a uniform. But you must wear something different because of your religious beliefs.
Time limits
The deadline to apply to the Tribunal is one year from the date the employer discriminated against you.
If you miss the deadline, you can still apply. But you must explain in your application why you're late.
You must have a very good reason for being late and you may need to have proof. For example, if you were in the hospital, you might have to show your medical records.
If the Tribunal does not think that you had a good reason, they'll reject your application.
Learn more about starting a claim at the Tribunal in Completing and Filing an HRTO Application.