Employment discrimination occurs when someone is treated unequally with respect to unemployment due to that person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender, gender identity or expression, age, record of offences, marital status, family status, or disability. This treatment can harm your career, relationships, and health. It can spread to all areas of your life. This isn’t fair or right. You deserve to have someone stand up for your rights.
What are common forms of Employment Discrimination?
- Being terminated from a position due to a pregnancy;
- Being passed over for a promotion due to gender;
- An employer refusing to hire individuals with disabilities;
- Making inappropriate statements in the workplace based on an employee’s sexual orientation;
- Reducing an individual’s work hours due to a mental illness or disability; and
- Receiving a lower wage due to race, despite the same position being held by other employees at higher pay rates.
The hiring, training, and promotions process should be a uniform, consistent, and unbiased process through which all employees have a chance to fulfill the job’s requirements based on skill level and experience. In reality, not everyone has equal access to this chance. If you feel that you have been treated unfairly during the course of your employment, and it is based on discriminatory grounds, you could have a case. When in doubt, ask someone who knows. Call 905-366-0202 any time of day to book some time to speak with a lawyer.
During your free consultation, our legal representatives will walk you through the employment tribunal process and/or employment hearing and will outline your options in terms of achieving a satisfactory outcome for your case. Getting legal advice can give you the confidence you need to stick up for yourself.
Having children can have an impact on your career, even in ways it shouldn’t. Preparing for a new addition to the family is typically a time of joy, happiness, and slight anxiety. When this life milestone is coupled with discrimination in the workplace due to the pregnancy, the anxiety can be heightened. You should never have to choose between your work and your kids. As employment discrimination based on pregnancy is prohibited under Ontario employment standards, there are several options to pursue if you find yourself in this position.
Discrimination related to pregnancy is a form of sexual discrimination (as only women can become pregnant). Since a pregnancy in itself is a family status, discrimination related to pregnancy serves as a double form of discrimination, as the employer is discriminating based on family status as well.
Pregnancy Discrimination includes discriminatory policies and actions related to pregnancy such as unequal treatment in the workplace due to the pregnancy, a loss of hours, a refusal to hire or to promote the employee due the pregnancy, termination of employment, and harassment. A pregnant person should be treated the same as a non-pregnant person.
What Specific Actions Amount to Employment Pregnancy Discrimination?
- Refusing to hire or promote the pregnant employee;
- Harassing the employee due to the pregnancy (this includes snide and off-colour remarks);
- Adverse differential treatment in the workplace;
- Termination of employment without due cause;
- Instating policies and practices to counter the pregnancy; and
- Failure to provide reasonable accommodation for the employee.
Union and employee representatives have a duty to consider the issues and options in accommodating a pregnant employee’s needs. If certain policies and practices compromise union rules, union representatives must find alternative ways to assist the employee and accommodate her position.
If you believe that you are a victim of employment pregnancy discrimination, there are a number of ways to pursue your case. You have the option of filing a formal complaint with the Canadian Human Rights Commission and you have the other option of pursuing a legal suit against your employer. These options may seem scary, but can lead to the outcome you want and deserve.
Before filing a formal complaint with the Canadian Human Rights Commission, it is best to seek legal assistance as to how to proceed with your case correctly, particularly during the initial stages. There is no need to waste your time and money trying to resolve it on your own. The dedicated team at Tailor Law is here to assist you with your case, every step of the way, whether your issue is simple or complex. A free consultation with one of our legal representatives will set you in the right direction. Our consultations are free, so there is no risk in sitting down to talk with us about your situation.
Regardless of the type of industry in which one works, sexual harassment is never acceptable despite how minor a remark or action may seem. This is not something you should have to deal with at work – ever.
While there are various forms of sexual harassment, the most common form of sexual harassment is unwanted touching and sexually suggestive remarks. This is the type of sexual harassment most people are familiar with. Another form of sexual harassment is gender-based harassment.
Gender-based harassment is a type of sexual harassment that is defined as a behaviour or action that reinforces specific heterosexual gender norms. It is typically a work policy that is used to re-establish gender norms and label individuals as either masculine or feminine. Gender-based harassment is a tool that is used to place individuals that are deemed “deviant” back into their “place.”
Some examples of sexual harassment in the workplace are:
- Sexual jokes;
- Innuendo and unwanted shows of affection;
- Physical and sexual assault;
- Unwanted and inappropriate touching; and
- Assignment of tasks based on gender.
Whether you are male or female, or do not identify with a specific gender, there are options to ensure that you are not discriminated against on these grounds. While sexual harassment in the workplace can be difficult to prove, there are always options in pursuing your case. A lawyer can help you identify potential next steps to take in asserting your rights. Rest easy knowing that you are standing up for yourself. No matter the situation, it always helps to have someone on your side.
As sexual harassment in the workplace can lead to heightened depression, a lack of confidence, and anxiety, the variables that must be considered in an employment case are numerous. It can affect more than just your job. Sometimes it can affect your whole life. As such, the legal representatives at Tailor Law take stock of each unique situation that our clients face.
Providing representation is only one-half of the equation; offering suitable advice and providing legal support during this difficult period is the other half. You deserve to have a lawyer who will be with you every step of the way. You have gone through enough and it may be time to let someone else take the reigns.
It can be hard to talk about, but workplace discrimination and sexual harassment do happen. It is never deserved and it is not your fault. You do not have to fight this alone, and you shouldn’t. If you aren’t sure what you are facing, it never hurts to ask a lawyer.
If you have questions about a possible case of discrimination and/or sexual harassment in the workplace, Tailor Law’s employment lawyers will be happy to meet with you free of charge to discuss your matter and see how we can help. Book your consultation online or over the phone at 905-366-0202.