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Sunday, May 17, 2026

Managing Human Rights in the Workplace: What is Discrimination - Filion Wakely Thorup Angeletti LLP

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Human rights considerations are an everyday reality for Ontario employers. Decisions relating to hiring, performance management, accommodation, discipline, and termination all carry potential human rights implications.

This series, Managing Human Rights in the Ontario Workplace, will provide employers with a high‑level and practical overview of key human rights principles as they arise in the employment context. The goal is to help employers understand how discrimination is assessed under Ontario law, recognize situations that may trigger human rights obligations, and manage human rights related workplace issues as they arise.

In Ontario, individuals are protected from discrimination under the Ontario Human Rights Code (the “Code”) in a number of defined social contexts, including accommodation (housing), contracts, employment, goods, services and facilities, and membership in unions, trade, or professional associations. Each context engages the Code in slightly different ways, but the underlying principles remain consistent.

This series focuses on discrimination in the employment context, where employer actions or lack thereof is subject to frequent scrutiny.

Discrimination under the Code can arise in more than one way. In the employment context, it most commonly appears as either direct discrimination or constructive discrimination. Understanding this distinction helps employers recognize risk even where there is no intent to discriminate.

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