Case snapshot
At a glance
- Case
- Can an Employer Discriminate Based on National Origin in Ontario?
- Court / Tribunal
- Human Rights Tribunal of Ontario
- Date
- August 6, 2026
- Area of law
- Employment Law
- Key issue
- Whether an employer's conduct — including bullying, ongoing harassment, and termination — amounted to discrimination under the Ontario Human Rights Code.
- Outcome
- The Human Rights Tribunal of Ontario found that the employee's rights were infringed, establishing liability for discriminatory treatment and wrongful dismissal.
- Why it matters
- Ontario workers who face harassment or dismissal connected to their background or identity now have a clear recent example of the Tribunal holding employers accountable.
Legal principle
The rule from this case
Under the Ontario Human Rights Code, employers are prohibited from discriminating against employees on protected grounds such as national or ethnic origin. When workplace bullying and harassment are connected to a protected ground — rather than being purely personal conflict — they can cross the line into a human rights violation. The Tribunal looks at the full pattern of conduct, not just isolated incidents. When an employer dismisses an employee in circumstances tied to discriminatory treatment, that termination can itself form part of the human rights breach. Employees do not need to prove that discrimination was the only reason for their treatment — only that a protected ground was a factor.
Important limits
What this does not mean
This decision does not mean that every difficult workplace relationship or dismissal amounts to a human rights violation. Not all bullying is discriminatory; the conduct must be connected to a ground protected under the Code, such as race, ancestry, place of origin, or ethnic origin. A general personality conflict between a manager and an employee, without that link, would not qualify. The ruling also does not create an automatic right to reinstatement or any fixed remedy. Each case turns on its own facts, and the Tribunal has broad discretion in fashioning remedies. Employees should not assume that a finding of infringement will result in any particular award without getting legal advice specific to their situation.
Can Your Employer Discriminate Against You Because of Where You’re From?
No — Ontario law clearly prohibits employers from treating workers differently because of their national or ethnic origin. The Human Rights Tribunal of Ontario recently reinforced this in Zareian v. Telonix Communications Inc., 2026 HRTO 1184 (CanLII), a decision that addressed bullying, ongoing harassment, and a dismissal all tied to a protected ground under the Ontario Human Rights Code.
If you believe your employer has treated you poorly because of your background, this decision is worth understanding. Our Ontario employment lawyers regularly advise workers facing exactly these situations.
What Is Workplace Discrimination Under the Ontario Human Rights Code?
Workplace discrimination under the Code means treating an employee unfavourably because of a protected characteristic — and national or ethnic origin is explicitly protected. The key is that the protected ground must be a factor in the treatment, even if it is not the only factor.
The Tribunal does not require an employee to prove that an employer acted with conscious prejudice. A pattern of conduct that disadvantages someone because of who they are — where they come from, their ancestry, their ethnicity — can amount to discrimination regardless of the employer’s stated intentions.
Is Workplace Bullying the Same as Discrimination in Ontario?
Not automatically — bullying becomes discrimination under the Code only when it is connected to a protected ground. General workplace conflict, rude management, or interpersonal friction, as unpleasant as those are, do not on their own constitute a human rights violation.
In this case, the Tribunal examined whether the bullying and harassment the employee experienced was tied to a protected characteristic. When that link exists, the conduct is no longer just a workplace problem — it becomes a legal infringement of the employee’s human rights. The Tribunal looks at the full picture: frequency, severity, and whether the treatment was directed at the employee because of a protected ground.
Can a Wrongful Dismissal Also Be a Human Rights Violation?
Yes — when a termination is connected to discriminatory treatment, it can form part of the overall human rights breach. A dismissal does not have to be explicitly motivated by discrimination to be caught by the Code; if it arises in a context where discrimination was ongoing, the Tribunal can treat the termination as part of the same pattern.
This matters because it means employees may have overlapping claims: a civil wrongful dismissal claim and a human rights application. These are separate legal routes with different remedies, and understanding which path — or both — is right for your situation requires careful legal advice. If you are in the Hamilton or Burlington area and have been let go in suspicious circumstances, speaking with our Burlington employment law team is a practical first step.
What Remedies Can the HRTO Award for Discrimination?
The Tribunal has broad discretion in crafting remedies, and there is no fixed formula. Common remedies include monetary compensation for injury to dignity, feelings, and self-respect, as well as lost wages where the discrimination affected the employee’s income or led to their dismissal.
The Tribunal can also order systemic remedies — such as requiring an employer to implement anti-harassment policies or training — particularly where the conduct reflects broader workplace culture problems. Reinstatement is technically available but is rarely ordered in practice.
How Do You File a Human Rights Application in Ontario?
You file directly with the Human Rights Tribunal of Ontario, typically within one year of the last incident of discrimination. Missing this deadline can be fatal to your claim, so timing matters enormously.
The application process involves filing a detailed form explaining what happened, which protected ground was engaged, and what remedy you are seeking. The respondent (your employer) then has the opportunity to respond, and the matter may proceed to mediation or a hearing. Legal representation is not required, but given the complexity of these proceedings, having an experienced advocate significantly improves outcomes.
Practical Takeaways for Employees Facing Workplace Discrimination
- Document everything. Keep a contemporaneous record of incidents — dates, what was said or done, who was present. This evidence is critical at a Tribunal hearing.
- Act within one year. The HRTO application deadline is generally one year from the last act of discrimination. Do not wait.
- Look for the pattern, not just one incident. A single comment may not be enough; a course of conduct tied to your background is far more compelling.
- Understand your overlapping rights. A human rights application and a wrongful dismissal claim are separate; you may be entitled to pursue both, but the strategy differs.
- Get legal advice early. The way you characterize your claim from the outset can affect your remedies. Speaking to our Mississauga employment lawyers or another member of our team before you file can make a meaningful difference.
What Should You Do If You Think You’ve Been Discriminated Against at Work?
Start by writing down everything you remember — dates, conversations, witnesses, and any documents (emails, texts, performance reviews). Then get legal advice before you file anything.
The intersection of human rights law and employment law is nuanced. Whether to file at the HRTO, pursue a civil claim, or do both depends on your specific facts, the remedies you need, and your timeline. A lawyer can help you map out the right strategy before you commit to a path.
UL Lawyers offers a free initial consultation from our Burlington office and works with clients across Ontario. If you believe your employer has discriminated against you or dismissed you in circumstances tied to your background, reach out to our Ontario employment law team to discuss your options.
This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.
FAQ
Frequently asked questions
You generally have one year from the last act of discrimination to file an application with the Human Rights Tribunal of Ontario. Missing this deadline can result in your application being dismissed, so it is important to act quickly.
In Ontario, you can pursue both a civil wrongful dismissal claim and a human rights application, but there are strategic considerations and some overlap in remedies. A lawyer can help you decide which route — or combination — makes the most sense for your situation.
No — the Ontario Human Rights Code does not require you to prove your employer acted with deliberate prejudice. What matters is whether a protected ground, such as your national origin, was a factor in how you were treated, regardless of the employer's stated intentions.