Human Rights

Human rights law seeks to ensure equal treatment in employment, housing, services, vocational associations and contracts.

The law recognizes that people should not be treated differently and negatively because of certain “protected characteristics” which are: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.

Kung, Lo & Jia LLP primarily represents employees and unions in human rights matters.

Your Rights

The following is a general explanation of rights that employees (and others) have under human rights law:

  • Protection against Discrimination: ”Discrimination” is defined as: differential treatment towards an individual on the basis of a protected characteristic (e.g. race or sex) with the intent or effect of negatively impacting that individual.
  • Right to Accommodation: People are entitled to reasonable accommodation based on a protected characteristic like their disability, religious practices, ethnic practices and childcare obligations.
  • Protection against Harassment: “Harassment” is defined as vexatious or unwelcome conduct towards a person on the basis of a protected characteristic.
  • Protection against Sexual Harassment: Sexual harassment is a form of sexual discrimination and has been defined as “unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of the harassment”
    • This includes sexual solicitation, which is when someone in a position to offer a benefit (like a supervisor or manager) requests sexual favours or makes sexual advances.
  • Protection against a Poisoned Work Environment: A “poisoned work environment” has been defined as “when a workplace is hostile or unwelcoming because of insulting or degrading comments or offensive actions aimed at an employee or others.” Your employer has a duty to ensure a workplace free from discrimination and harassment, which includes taking measures to prevent and/or ameliorate a poisoned work environment.
  • Protection against Reprisal: People are protected against retaliation for making a human rights complaint or otherwise enforcing or seeking to enforce their rights as stated above, including the right to refuse sexual solicitation.

While we primarily represent employees and unions in human rights matters, we may also represent others. Book a free consultation to discuss your matter with us.

Key Contacts