Addressing gender identity-based workplace discrimination
This website provides general information only and does not constitute legal or counselling/therapy advice. For personalized assistance in Ottawa and across Ontario, contact us today.
Discrimination is negative treatment or impact, intentional or not, based on a protected characteristics, such as gender identity. Harassment is a form of discrimination that includes unwelcome comments, questions, physical contact, or other conduct that insults, harms, or threatens a person based on protected grounds under the Ontario Human Rights Code. The Ontario Human Rights Code protects your right to equal treatment with respect to employment without discrimination and the right to freedom from harassment in the workplace.
Your rights in the workplace, among others, include:
The right to be recognized and treated in accordance with your gender identity, regardless of surgical status or identity document updates, as protected under the Ontario Human Rights Code
The right to access washrooms, change rooms, and other facilities based on your lived gender identity
The right that your employer abides by their duty to accommodate: your employer must take reasonable steps to modify rules, practices, and facilities as necessary to avoid disparate negative effects based on characteristics such as gender identity
The right to not have your identity play a role in termination of employment or in disciplinary procedures
If you experience discrimination or harassment in the workplace, your employer has a legal obligation under the Ontario Human Rights Code and the Occupational Health and Safety Act to prevent such conduct, maintain appropriate policies, investigate complaints promptly, and provide a safe work environment free from discrimination and harassment.
If you feel that you have experienced discrimination and/or harassment in the workplace, Liu Chooti Law and Counselling Group can help you seek accountability and equity. Claims may be filed with the Human Rights Tribunal of Ontario within one year of the incident, or in civil court where appropriate. Different limitation periods and remedies may apply depending on the nature of the claim.
