What is an employer's obligation under section 5 of the Human Rights Code to ensure that an employee's right to equal treatment in employment without discrimination or harassment is not infringed?
Ontario, Canada
The following excerpt is from Kim v. Camenietzki, 2013 HRTO 1590 (CanLII):
Section 5 creates a positive obligation on an employer to ensure that an employee’s right to equal treatment in employment without discrimination or harassment on the enumerated grounds is not infringed. This has been found to mean that if an employee experiences discrimination or harassment on an enumerated ground in the course of her employment, including from a person who is not the employer, the employer’s agent or another employee, the employer is required to do something (see, Laskowska v. Marineland of Canada Inc., 2005 HRTO 30).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When an employer unilaterally changes the essential terms of an employee’s contract of employment and the employee does not agree to the changes, is the employee constructively dismissed? (Ontario, Canada)
What is the difference between the provisions of an employee’s rights on termination from an employee's employment plan and those of the employee's termination notice? (Ontario, Canada)
What is the duty of an employer to seek alternate employment for employees who have lost their employment due to the loss of their employment? (Ontario, Canada)
How has the Human Rights Tribunal treated discrimination in the context of human dignity, feelings and self respect? (Ontario, Canada)
Is an employer permitted an employee to work overtime hours without the consent of an employer? (Ontario, Canada)
Can an individual whose rights under the Criminal Code have not been infringed bring an application to the Human Rights Tribunal? (Ontario, Canada)
What is the obligation of an employer to adequately address and respond to allegations of Code Code-related discrimination and harassment in the workplace? (Ontario, Canada)
What is the test for discrimination in the BC Human Rights Code? (Ontario, Canada)
Can an employer be held liable for failing to properly investigate a complaint of harassment and discrimination? (Ontario, Canada)
Does an employer have an obligation to provide outplacement counseling to a dismissed employee? (Ontario, Canada)
