How to Handle Workplace Discrimination Claims in Canada

Workplace discrimination can be based on race, gender, age, disability, sexual orientation, and so forth. Under the Canadian Human Rights Act and many provincial human rights codes, it is against the law to discriminate against another person, and the legal framework underpins many other remedies. Discrimination can mean a wide range of things under the law, so it is important that employers and employees be able to identify what types of situations might class under the heading of discrimination, enabling both parties to deal with these issues accordingly.

If a resolution cannot be reached through mediation or settlement, the complaint will proceed to the human rights tribunal or court. This is potentially a long-winded legal procedure whereby both parties are called to provide legal arguments in the form of evidence. Parties on both sides, employer and employee, should seek out competent legal advice for this process. A Canadian employment lawyer will be able to advise on the best course of action and give peace of mind that their rights will be safeguarded throughout the processes involved.

Canadian employers are mandated to ensure that there is no discrimination taking place within the workplace. In doing so, employers must formulate policies that combat such an act, train staff, and respond promptly to reports of discrimination. Employers must also accommodate employees' needs concerning disabilities or religious practices unless it causes undue hardship. If they do not abide by these, the potential for litigation against the company will be open, leading to fines and a bad reputation.

The expression of any form of discrimination against an employee, if at all filed, should be treated with seriousness by an employer and acted upon promptly. The first step is to properly investigate the issue presented to determine the validity of the claim. This step considers gathering evidence, interviewing witnesses, and proper documentation of findings. In addition, employers must also have someone present who has experience with employment law. It is very important to protect the company from potential litigation by keeping proper documentation and following all legal procedures.

Any employee feeling discriminated against may file a complaint with the appropriate human rights commission. This also includes protection against retaliation for filing a complaint, meaning no employer can punish any employee for speaking out. Records of discriminatory actions and every piece of correspondence relating to the filing of a complaint must be kept cleanly by the employees. These would help their case immensely in case it happens to be a legal dispute.

Many cases of workplace discrimination can be settled through mediation or other settlement means rather than having to be dragged through the court system. Mediation usually involves a neutral third party who facilitates an agreement between both parties. It's quicker and not as adversarial as going to court. Settlements typically involve some sort of compensation for the worker and also, quite often, require policy changes in the workplace to protect against future discrimination. That's why employers and employees should consider, at the outset of disputes, the potential benefits of mediation.

Workplace discrimination can be minimized by periodic review and updating of the policy on discrimination by employers, continuous training of staff, and the development of an inclusive and respectful work culture. Such established measures would be proactive in reducing the possibility of the emergence of discrimination incidents in the very first place and would show a continuing commitment to work with fairness and justice. If only for that reason, it will work to protect the company from litigation and to enhance a good working atmosphere.