The Ontario Human Rights Code protects people from reprisal or threats of reprisal. A reprisal is an action or threat that is intended as retaliation for claiming or enforcing a right under the Code. For example, if you try to enforce your right not to be discriminated against or harassed in the workplace and your employer reacts by terminating your employment, reducing your work hours or subjects you to a suspension, you may have been reprised and will be entitled to damages under the Code. Employees do not need to have filed a claim with the Ontario Human Rights Tribunal to be compensated in a claim of reprisal against their employer. Also, to claim reprisal, an employee does not have to show that their rights were actually infringed. Therefore, if you are reprised against by your employer for preventing a breach of your right under the Code before the breach occurred, you are still entitled to sue your employer for reprisal.
People associated with people who have complained about discrimination or harassment are also protected from discrimination and reprisal and can seek redress if they are reprised against by virtue of associating with an employee that has complained or filed a discrimination or harassment claim with the Human Rights Tribunal.
If you think you may have experienced reprisal, contact Mackenzie Law today to help you fight for your human rights and seek redress for a breach of your rights.
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