Guide to Asserting Your Rights under the Human Rights Code

I have faced discrimination under Ontario’s Human Rights Code. How can I defend my rights?

If you have experienced discrimination contrary to the Ontario Human Rights Code (Code), you have a right to file a discrimination complaint (or application) with the Human Rights Tribunal of Ontario (“Tribunal” or “HRTO”) within 1 year of the last incident (or series of incidents) of discrimination. This is legal process that includes a mediation, and potentially a hearing where an adjudicator (acting as a judge) may order remedies such as monetary compensation or policy changes.

However, in some circumstances, you may be able to resolve the situation quickly without going through an HRTO application, which can sometimes be a long and difficult legal process. For example, in some cases, employers, landlords, or staff at retail stores simply may not be aware of their responsibilities under the Code, or may want to avoid the costs associated with a potential legal process.

This guide can help you decide when and how to assert your rights.

• HRLSC Guide to Asserting Your Human Rights
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When should you assert your rights?

Asserting (or defending) your rights under the Code is usually a good first step.

It can be particularly helpful, for example, in situations where:

• The violation of the Code seems clear (e.g., you told your manager that you have a disability and need some workplace accommodations, but your manager ignored your request);

• You have an ongoing relationship with the person or organization that is discriminating against you (e.g., the discrimination involves your current employer or landlord, and you want to maintain a positive relationship); and

• You are not asking for significant financial compensation. If you are, filing a human rights application with the Tribunal may be a better option.

How do you assert your rights?

To assert your rights effectively, you should:

• Put Your Request in Writing: Sending an email or letter to the manager or landlord will show that you are serious about your concerns. It will also start a ‘paper trail’ of evidence which will be helpful if you decide to file a human rights application in the future;

• Tell the Right Person: Direct it to a person in the organization or company who has the power to address the discrimination. This could be, for example, your direct manager, a human resources manager, the property manager of your building, or the owner of a store; and

• Save a Copy: Make sure to keep a copy of the letter and/or e-mail for your records.

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What to include

Below is some further guidance on what you can include in your letter and/or e-mail to the person, organization or company that you feel has violated your human rights.

Your letter and/or e-mail can include:

• Relevant facts: Describe the facts leading up to the incident of discrimination, preferably in chronological order with dates and times;

• Connection to Code ground(s): Explain how the unfair treatment you experienced is connected to a prohibited ground of discrimination, such as your race, age, disability, sex, religion, and/or place of origin, etc.;

• Assertion of Code rights: State that you believe your rights under the Code have been violated;

• Resolution and timeline: Explain what you want your employer, landlord, etc., to do to address the discrimination (e.g. a temporary accommodation, a policy change, etc.) and provide a reasonable deadline for their response (e.g. one week); and

• Supporting documentation: Provide supporting documentation if appropriate. For example, if you are requesting changes to your workplace or job related to a disability, include supporting medical documentation with your letter and/or e-mail. For more information on what kind of medical documentation is appropriate, please see the Ontario Human Rights Commission’s (OHRC) Policy position on medical documentation.

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The possibility of reprisal

While asserting your rights can be an effective way to resolve a human rights issue, it can sometimes lead to a negative reaction or act of retaliation, or in the words of the Code – reprisal.

Some employers, landlords, shop owners, etc., may not react positively to being told they have potentially violated the Code. They may try to act against you. They could, for example, deny you services, try to evict you, or even terminate your employment.

It is important to remember that reprisal for asserting your Code rights is also a violation section 8 of the Code and could be a basis for a human rights application to the HRTO.

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Downloadable Sample and Template Letters

• Asserting Your Human Rights (Appendix)

  Letter Template

  Download PDF Download Word Doc

• Asserting Your Human Rights (Appendix)

  Sample Letter

  Download PDF Download Word Doc