Workplace Discrimination

The legislation of every jurisdiction in Canada prohibits discrimination with respect to employment. Ontario’s Human Rights Code is the legislation that protects employees against discrimination (and harassment) in provincially regulated workplaces. The vast majority of workplaces are provincially regulated. The Canadian Human Rights Act is the legislation that protects employees against discrimination (and harassment) in federally regulated workplaces, such as banks, airlines and telecommunication companies.


  • Under Ontario’s Human Rights Code, the following prohibited grounds are: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (aka religion), sex, age, record of offences, marital status, family status, sexual orientation and disability.
  • Under the Code, employers are required to accommodate (i.e. make alternate arrangements for) human rights related needs unless doing so would cause undue hardship due to cost or health and safety concerns. Some examples of accommodations include providing sign language interpreters for persons who are deaf when receiving medical treatment at a hospital, providing time off work to attend pregnancy-related medical appointments, or modifying dress codes to allow the wearing of religious clothing.
  • Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee, which could include any comment, memo, gesture, behaviour, contact or other activity, which is unwelcome, personally offensive, injurious to morale, creates a hostile, intimidating or offensive environment, or which could adversely affect the work performance or work environment or psychological well-being of a reasonable person in the complaining person’s situation.

If you believe that you have experienced discrimination or harassment at work, take action. Call David Ertl, top employment lawyer, at Ertl Law today.

Find out how we can help. Contact us for a free consultation.

Sample of Our Wrongful Dismissal Court Decisions

Drysdale v. Panasonic Canada Inc., 2015 ONSC 6878

Court Awards Our Client 22 Months of Pay


In Drysdale v. Panasonic Canada Inc., 2015 ONSC 6878, the employer argued that Mr. Drysdale, a warehouse worker, was not “management” and therefore he was entitled to lesser overall severance. We defeated the employer’s argument. The court awarded our client 22 months of notice.

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Summerfield v Staples Canada Inc., 2016 ONSC 3656

Court Awards Our Client 6 Months of Pay


David Ertl brought this matter to a successful, speedy conclusion and got his client more than one month for each year of service.

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Patterson v. IBM Canada, 2017 ONSC 1264

Court Awards Our Client 18 Months of Pay


In Patterson v. IBM Canada, 2017 ONSC 1264, Mr. Patterson was terminated from his employment after 20 years of loyal service. The employer offered a substandard severance package. We were able to get Mr. Patterson 18 months of compensation.

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Severance Pay Calculator

Severance Pay Calculator

Use our severance pay calculator for an estimate on what you could potentially receive as part of your severance package.


Download a Free Employment Law Guide

Understanding Your Severance Package

6th edition, January 2020
This guide provides information on common severance pay issues, including:


✓ Responding to the employer “deadline”
✓ Key mistakes to avoid
✓ Lump sum vs. salary continuation
✓ “Short service” employees
✓ Employees 45 years and older

Download

Constructive Dismissal

6th edition, January 2020
This guide provides information on constructive dismissal, including:


✓ 20 common “constructive dismissals”
✓ Whether you should resign
✓ What happens to my E.I. benefits?
✓ Layoffs!
✓ The “toxic” work environment

Download

Help! I Have Been Fired With Cause

6th edition, January 2020
This guide provides information on “cause” terminations, including:


✓ What is cause?
✓ Why the employer is probably wrong!
✓ Factors that really matter
✓ Can I still get E.I.?
✓ Bad references

Download

Workplace Discrimination and Harassment

6th edition, January 2020
This guide provides basic information on discrimination and harassment in the workplace, including:


✓ Types of discrimination
✓ Types of harassment
✓ Bill 168
✓ Remedies
✓ Tribunal vs. court

Download

Looking for Legal Advice? Get a Free Consultation Today

If you’re looking for legal advice in Toronto and the Durham Region, look no further than the experienced team at Ertl Law.


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Toronto Office

330 Bay St., Suite 1400
Toronto, ON M5H 2S8
info@ertl-law.ca
416-572-9900

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Durham Office

1315 Pickering Pkwy Suite 300
Pickering, ON L1V 7G5
info@ertl-law.ca
416-572-9900

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