By: Rajesh K. Sharma, Advocate (LinkedIn)
Discrimination and Ontario Human Rights Code: Key Insights for Legal Professionals
As legal professionals, our role in the administration of justice places a special responsibility on us to uphold and protect the rights and dignity of every individual we serve. The Ontario Human Rights Code is a vital piece of legislation that ensures everyone in Ontario is treated equally, without discrimination, across various aspects of life—including employment, housing, and the provision of services, including legal services.
What Does the Code Cover?
The Code prohibits discrimination based on grounds such as race, gender, sexual orientation, age, disability, and more. Discrimination can occur directly, indirectly, or systemically, and it’s the impact of behavior—not just the intent—that determines whether an action is discriminatory.
Lawyers' Responsibilities
- Recognize and Respect Diversity: Lawyers must ensure that no individual is denied service or treated unfairly due to discrimination.
- Harassment-Free Environment: Lawyers must avoid any form of harassment, including sexual harassment, in their professional relationships with clients, colleagues, and employees.
- Compliance with Employment Laws: Lawyers who are employers have specific obligations under both the Ontario Human Rights Code and the Occupational Health and Safety Act (OHSA), especially concerning workplace violence and harassment.
Employer Requirements:
For Employers with One or More Workers:
- Comply with the workplace violence and harassment provisions of the Ontaio Health and Safety Act.
- Develop and implement programs to prevent and address workplace violence and harassment.
For Employers with Six or More Workers:
- Prepare written policies on workplace violence and harassment and post them conspicuously in the workplace.
- Review these policies regularly, at least annually, to ensure they are up-to-date and effective.
- Assess the risks of workplace violence based on the nature of the workplace and work conditions.
Why Is This Important?
Discrimination and harassment, unfortunately, still exist within the legal profession. Studies have shown that racialized licensees and other equity-seeking groups face significant challenges, highlighting the need for continuous improvement and adherence to human rights standards.
By committing to these principles and fulfilling our responsibilities as employers, we not only meet our ethical and legal obligations but also create safer, more inclusive workplaces that contribute to a more just and equitable society.
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