Discrimination occurs when someone is treated unfairly or adversely based on personal characteristics unrelated to their abilities or job performance. In employment, discrimination violates human rights legislation and can result in serious legal consequences.
Employment discrimination (also called labor discrimination) happens when an employer makes workplace decisions based on protected characteristics rather than merit, qualifications, or job performance. This includes discrimination and employment practices affecting hiring, promotion, compensation, training, and termination.
Discrimination Categories: Protected Grounds
Ontario’s Human Rights Code prohibits discrimination based on:
- Race – ancestry, colour, ethnic origin, place of origin
- Gender – sex, gender identity, gender expression
- Age
- Disability – physical and mental
- Religion (creed)
- Sexual orientation
- Family status
- Marital status
- Citizenship
- Record of offences (criminal convictions in limited cases)
These are the discrimination categories protected under law. Employers cannot make decisions based on these characteristics.
What is Discrimination in the Workplace?
Discrimination at work takes many forms beyond obvious bias. Understanding the kinds of discrimination helps identify and prevent them.
Types of Discrimination
Direct discrimination – Explicitly treating someone differently because of a protected characteristic Example: Refusing to hire someone because of their race or gender
Indirect discrimination – Policies that appear neutral but disproportionately harm certain groups Example: Height requirements that exclude many women or certain ethnic groups
Systemic discrimination – Organizational patterns, policies, or cultures that create barriers for protected groups, even without intentional bias Example: Recruitment practices that consistently exclude racialized candidates
Adverse discrimination – Requirements or conditions that disadvantage people with protected characteristics Example: Mandatory Saturday work affecting those with religious Saturday observances
Examples of Employment Discrimination
Workplace Hiring Discrimination
- Asking about pregnancy plans during interviews
- Screening out “foreign-sounding” names from applications
- Setting unnecessary physical requirements excluding people with disabilities
- Age-based assumptions about technology skills or retirement plans
Race Discrimination at Work
Workplace race discrimination (work racism) includes:
- Refusing to hire qualified racialized candidates
- Passing over employees of colour for promotions
- Paying racialized workers less for equal work
- Tolerating racial slurs or “jokes” in the workplace
- Disciplining racialized employees more harshly
Racial discrimination employment practices violate both human rights legislation and the equal opportunity employer act principles.
Other Common Discrimination Examples
- Gender-based pay inequity
- Denying accommodation for disabilities
- Harassment based on sexual orientation
- Age discrimination in layoffs
- Pregnancy discrimination
- Religious practice restrictions
What is Workplace Diversity?
Workplace diversity means employing people with varied backgrounds, experiences, identities, and perspectives. A diverse workplace includes people of different races, genders, ages, abilities, religions, sexual orientations, and cultural backgrounds.
Diversity isn’t just about numbers—it’s about creating inclusive environments where everyone can contribute and succeed.
How to Prevent Racism and Discrimination
1. Develop a Respectful Workplace Policy
A strong respectful workplace policy should:
- Clearly define discrimination and harassment
- List all protected grounds
- Outline prohibited behaviors with examples
- Explain complaint procedures
- Guarantee no retaliation for complaints
- Commit to prompt, fair investigations
This policy must be communicated to all employees and enforced consistently.
2. Implement Bias-Free Hiring Practices
How to stop racial discrimination and other biases in hiring:
- Remove names from initial resume reviews (blind screening)
- Use standardized interview questions for all candidates
- Train hiring managers on unconscious bias
- Diversify interview panels
- Base decisions solely on qualifications and fit
- Track diversity metrics in hiring to identify patterns
3. Provide Anti-Discrimination Training
Regular training helps employees:
- Recognize unconscious biases
- Understand what constitutes discrimination
- Learn inclusive language and behaviors
- Know how to report concerns
- Support colleagues experiencing discrimination
Training should be mandatory for all staff, especially managers.
4. Create Accountability Systems
How to prevent racism and discrimination requires accountability:
- Monitor hiring, promotion, and compensation for disparities
- Track complaint patterns and resolutions
- Hold managers accountable for fostering inclusion
- Conduct regular equity audits
- Publicly commit to diversity goals
- Review policies for discriminatory impacts
5. Establish Clear Complaint Procedures
Employees must know:
- How to report discrimination safely
- Who receives complaints (multiple options)
- What the investigation process involves
- Protection from retaliation
- Timeline for resolution
Confidential, accessible complaint systems encourage reporting.
6. Respond Promptly to Complaints
When discrimination is reported:
- Take all complaints seriously
- Investigate promptly and thoroughly
- Maintain confidentiality as much as possible
- Take appropriate corrective action
- Document everything
- Follow up with complainants
Ignoring complaints creates legal liability and toxic workplaces.
7. Lead from the Top
Leadership must:
- Model inclusive behavior
- Speak openly about diversity and inclusion
- Allocate resources to anti-discrimination efforts
- Make diversity part of organizational strategy
- Address discrimination swiftly when it occurs
Employees follow leadership’s example. Commitment must be genuine and visible.
Preventing Systemic Discrimination
Systemic discrimination is harder to detect because it’s embedded in organizational culture and practices. To address it:
Audit all policies and practices:
- Do job requirements genuinely relate to job duties?
- Are promotion criteria objective and transparent?
- Do workplace norms favor certain groups?
- Are accommodations proactively offered?
Examine outcomes, not just intentions:
- Are certain groups underrepresented in leadership?
- Do compensation disparities exist between groups?
- Are performance evaluations consistently fair?
- Do certain groups leave at higher rates?
Make structural changes:
- Revise policies creating barriers
- Diversify leadership and decision-makers
- Create mentorship programs for underrepresented groups
- Establish diversity targets with accountability
Legal Framework: Equal Opportunity Employer Act
While Ontario doesn’t have legislation specifically called the “Equal Opportunity Employer Act,” the principle is embedded in:
- Ontario Human Rights Code – prohibits discrimination in employment
- Employment Standards Act – sets minimum workplace standards
- Occupational Health and Safety Act – requires safe workplaces free from harassment
Federally regulated employers follow the Canadian Human Rights Act and Employment Equity Act.
Together, these laws require employers to provide equal opportunities regardless of protected characteristics.
Creating Safe and Healthy Workplaces
Safe and healthy workplaces are free from discrimination and harassment. This means:
Physical safety:
- Accessible facilities for people with disabilities
- Accommodation for medical conditions
- Violence-free environments
Psychological safety:
- Freedom from harassment and bullying
- Inclusive culture where everyone belongs
- Support for mental health
Professional safety:
- Fair evaluation and advancement
- Protection from retaliation
- Equal access to opportunities
What Employees Can Do
If experiencing discrimination:
- Document incidents (dates, witnesses, details)
- Report through internal complaint procedures
- File a Human Rights Tribunal application (within 1 year in Ontario)
- Consult an employment lawyer about your options
To support diversity and inclusion:
- Challenge discriminatory comments or jokes
- Participate in diversity training
- Mentor colleagues from underrepresented groups
- Provide feedback on policies and practices
Legal Consequences of Workplace Discrimination
Employers who discriminate face:
- Human Rights Tribunal complaints and hearings
- Orders to change policies and practices
- Compensation to victims (lost wages, injury to dignity)
- Damage to reputation and employer brand
- Difficulty recruiting and retaining talent
- Wrongful dismissal claims if discrimination led to termination
The costs of discrimination far exceed the investment in prevention.
The Bottom Line
Preventing discrimination in the workplace requires ongoing commitment, not one-time fixes. By understanding discrimination definitions, recognizing examples of employment discrimination, and implementing comprehensive prevention strategies, employers create environments where everyone can thrive.
If you’re experiencing workplace discrimination or need help developing anti-discrimination policies, contact an employment lawyer for guidance on protecting rights and creating truly inclusive workplaces.
