Job Wont Let Me Apply Again
Ontario'due south Homo Rights Lawmaking and employment: practise you think you have been discriminated against or harassed at work?
- Who is considered an "employee" nether the Code?
- What if I am on probation at piece of work?
- What kinds of questions tin I exist asked during a job interview?
- What can happen if I file a human rights application against my employer?
- If I am a unionized employee, do I have to employ the grievance process earlier I file a human being rights application?
- How much medical information do I accept to give my employer when I am asking for a disability-related adaptation?
- My employer wants me to go to an independent medical examiner earlier I am allowed to render to work. Do I have to go?
- Does my employer have to allow me take fourth dimension off to pray? And do they have to pay me for that fourth dimension?
- If I require physical accommodation, does my employer have to provide different (sometimes referred to as "light") duties in my own job or tin they make me take another job?
- My employer says it's too expensive to physically remodel the office infinite to accommodate my disability. How much is as well much?
- Can I be fired because I miss time at work because of depression?
- My boss said I can't speak my linguistic communication during my lunch hour and that I take to speak English. Tin can they practise that?
- My boss harasses me all the time and is very rude, but I don't think it's related to a human rights issue. Is there anything I can do?
Human rights & harassment based on sex or gender
- Can I exist fired for beingness pregnant?
- My dominate treats the women in our system really differently – he doesn't sexually harass u.s., but he makes really offensive comments near women – is that a homo rights result?
- My supervisor keeps asking me out for dinner and asking a lot most my personal life and looking at me intently. What should I do?
This is general information only. It is non legal advice about your situation.
Who is considered an "employee" nether the Lawmaking?
The Code'south protection from bigotry in employment is very wide. Information technology doesn't thing if you are temporary, part-time, casual, a temporary agency worker, contract worker, contained contractor, domestic worker or even a volunteer. Yous shouldn't exist discriminated against or harassed when yous are working. Employers cannot avoid their human rights obligations by calling you self-employed. The Lawmaking covers people who may not be considered "employees" under other laws, such as the Employment Standards Act.
The Code's protection from discrimination covers all stages of the employment relationship including recruitment and hiring, working conditions, promotions and layoffs or termination of employment.
For more than information, read our "Employment" page.
If y'all have questions about issues non covered by the Human Rights Code, such as breaks and unpaid wages, please visit the Ministry building of Labour's website.
What if I am on probation at piece of work?
Employees are also protected from discrimination or termination during a probationary catamenia. The Lawmaking may likewise require an employer to adapt your job duties to accommodate your special needs, if those needs are tied to a right covered past the Code. These special needs might relate to a disability or considering you are a unmarried parent. If, for example, y'all have a hearing disability, the employer must provide you with the equipment that y'all need.
What kinds of questions can I be asked during a job interview?
Employers should only inquire yous questions that directly chronicle to the requirements of the job and relevant experience. Questions that ask about your family unit status or country of origin should be avoided, such as:
- what language you were brought upwards speaking
- where you obtained your linguistic communication skills
- your birth-place
- the nationality of your ancestors
- whether you have a disability
- whether yous have children or want to have children
- your sexual orientation, marital status, or childbearing plans.
What can happen if I file a man rights application against my employer?
If your employer takes action confronting you because y'all have filed a human rights awarding, you tin file an additional merits against your employer to protect yourself. This is called a "reprisal" claim and information technology will be dealt with every bit part of your human rights application.
Reprisal is defined equally acts or threats that are intended to punish an individual who has reported discrimination or harassment or who has refused to infringe the rights of another person.
If I am a unionized employee, practice I have to use the grievance process earlier I file a homo rights application?
If you are a spousal relationship member, you should speak with your union representative to see if y'all tin can file a grievance before yous file a man rights application. If you believe that the union is also discriminating against you, you lot can file a human rights application against the employer and the union. In some cases the Tribunal will allow parallel claims, in others it volition defer the human being rights application until the other matter, a grievance for instance, is consummate.
How much medical information practice I accept to give my employer when I am asking for a disability-related adaptation?
Information technology depends. If your employer wants you to share your medical information, they should enquire for it in writing and only ask for data specific to your medical condition which requires an accommodation. The information should focus on the particular problems relating to your accommodation needs, such as how much fourth dimension off of piece of work you demand, or your power to perform sure job duties.
My employer wants me to get to an contained medical examiner earlier I am immune to render to work. Do I accept to become?
It depends on your state of affairs. If your employer needs more medical data, you desire to make certain it relates to your job and date of return, or your specific need for accommodation. Besides see "How much medical information do I have to give my employer?"
Some questions and problems to consider:
- Has your employer told you lot that the medical information yous gave is non enough?
- Does the information requested chronicle to specific concerns almost your return to work date or what accommodations you need in terms of chore function?
- Have you lot been given an opportunity to obtain farther information from your own doctor?
Does my employer accept to let me take time off to pray? And exercise they have to pay me for that time?
Yes, you take the right to find your faith, only the employer does not always have to pay your salary during that time – it depends on the specific circumstances. The employer has a duty to adjust your religious beliefs every bit long as information technology does non substantially interfere with the operation of the concern. Run across the Commission's Human being Rights at Work 2008.
If I require concrete adaptation, does my employer have to provide different (sometimes referred to as "low-cal") duties in my ain job or tin can they brand me accept another task?
It depends on your specific situation. Generally, the Code requires the employer to work with you (the employee) to observe modified piece of work within your electric current identify of employment. Here is an excerpt from the Ontario Man Rights Commission's website that is useful:
The right to exist accommodated and the duties of the employer and union are now well-established in law. The principles are set out in detail in the Committee'south Policy and Guidelines on Inability and the Duty to Conform and are summarized here.
Dignity: People must be accommodated in a mode that most respects their dignity, including their privacy, confidentiality, comfort and autonomy.
Individualization: Everyone's needs are unique and must be considered individually when an accommodation request is made. There is no 1-size-fits all solution.
Inclusion: Full participation ways bulwark-gratuitous and inclusive design.
Delight run into the Commission'due south Human Rights at Work, particularly the sections relating to accommodation.
My employer says it'due south too expensive to physically remodel the role space to accommodate my disability. How much is as well much?
Your employer has to concretely demonstrate "undue hardship" when saying they can't beget to meet your needs. Undue hardship ways that the cost of accommodation (accurately assessed and proven) must exist high enough that it would significantly interfere with ability of your employer, landlord or service provider to operate its business. There are only three factors set out in the Lawmaking that are taken into consideration when determining undue hardship:
- Cost (of modifying the workplace)
- Outside sources of funding (taking into account possible outside sources of funding)
- Wellness and safety requirements
Tin I be fired because I miss time at work considering of depression?
Your employer is legally obligated to accommodate your disability to the point of "undue hardship." Undue hardship means that the toll (that must be accurately set out and proven) to conform must be high enough that it would significantly interfere with the employer'southward business.
You will have to cooperate with the employer past providing timely medical information relating to your absenteeism, possible return to work and any adaptation that you are requesting, based on an opinion of a medical professional. Every case is different.
My boss said I tin't speak my language during my tiffin hour and that I have to speak English language. Can they practice that?
No. Although language is not specifically identified in the Human being Rights Lawmaking, a requirement that y'all not speak in your first language in the workplace may infringe your rights under the Code. The Tribunal has found that not letting someone speak their language can exist an indicator of bigotry based, for example, race, ethnicity or place of origin.
Harassment that is not covered under Ontario'due south Homo Rights Code
My dominate harasses me all the fourth dimension and is very rude, but I don't think it'south related to a man rights outcome. Is there anything I tin can do?
The Occupational Wellness and Safety Act has regulations related to workplace violence and harassment. Encounter the Ministry building of Labour'due south web site.
There are many work-related issues that are not related to the Human Rights Code. The differential treatment that an employee has received must exist related to one or more than of the grounds of bigotry found in the Code. There must be a connectedness or link between the treatment and the Code basis. For instance, if an employee has a disability and the dominate is rude just is as well rude to everyone else in the workplace, the rudeness may non exist seen to be continued to the employee's disability. This is because the employee with a disability is not receiving differential treatment and the employee may not be able to prove a human rights merits.
Human rights & harassment based on sex or gender
Can I be fired for existence pregnant?
No. You lot cannot exist fired or demoted because yous are or may get significant. An employer must non ask y'all whatsoever questions relating to pregnancy during a job interview. See: Pregnancy information on the Committee's web site.
My boss treats the women in our organization really differently – he doesn't sexually harass us, but he makes really offensive comments about women – is that a human rights effect?
Yes. The ground of "sexual practice" covers this type of harassment. If he is treating yous differently simply because you lot are women, this is covered past the Code. Your boss may also be responsible for the mode other employees behave. You lot may accept heard him or other say things similar "lighten up, tin't yous have a joke? We're just kidding around." This is a common response and non i that is adequate.
My supervisor keeps asking me out for dinner and asking a lot about my personal life and looking at me intently. What should I practise?
This could exist sexual harassment. At that place are several things you could consider:
- Talk to a co-worker you trust, or if in that location is a senior managing director that you trust, or there may be a human being resources person in your office you could talk to
- Speak direct to your supervisor and tell them that these comments are making you feel uncomfortable and you would similar them to stop
- Go on notes of the types of comments and situations that are making y'all uncomfortable
- Continue notes virtually his or her response, and the response of senior direction
- Call the Human Rights Legal Support Center for assist
Source: https://www.hrlsc.on.ca/en/how-guides/human-rights-work
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