Can an Employer Fire You for Filing a Human Rights Complaint in Ontario?

What Is Reprisal Under Ontario’s Human Rights Code?

Reprisal means punishing someone for asserting their rights under the Human Rights Code. If an employer fires, demotes, or otherwise penalizes a worker because that worker filed a human rights complaint — or even because they threatened to file one — that retaliation is itself a separate violation of the Code, on top of any underlying discrimination claim.

The Human Rights Tribunal of Ontario (HRTO) takes reprisal allegations seriously because without protection from retaliation, most workers would be too afraid to come forward in the first place.

What Happened in This Case?

In McLennon v. Elite Residential Concierge Services Inc., 2026 HRTO 831 (CanLII), the employee worked for a residential concierge services company. After the employee took steps to assert their rights under the Human Rights Code — by initiating a human rights proceeding — the employment relationship came to an end. The employee then brought an additional allegation of reprisal, arguing that the termination was directly connected to the human rights proceeding they had launched.

The Tribunal was asked to consider whether the timing and circumstances of the dismissal were enough to support a finding that the employer had retaliated against the employee for exercising their legal rights.

How Does the HRTO Decide a Reprisal Claim?

The HRTO does not require an employee to prove reprisal beyond a reasonable doubt — this is not a criminal proceeding. Instead, the employee must show that the protected activity (such as filing a complaint) was a factor in the employer’s decision to act against them. The employer then has an opportunity to show a legitimate, non-retaliatory reason for its conduct.

Key factors the Tribunal typically examines include:

• Timing — Did the negative action follow closely after the complaint or protected activity?
• Knowledge — Did the employer know about the human rights proceeding before taking action?
• Pattern of conduct — Were there other signs of hostility toward the employee after they asserted their rights?
• Stated reasons — Are the employer’s explanations for the termination credible and consistent?

When the evidence lines up — especially when an employer is aware of a complaint and acts quickly afterward — the Tribunal can draw an inference of reprisal even without a written admission.

Can You Be Fired While a Human Rights Case Is Pending?

Yes, an employer can still terminate employment while a human rights matter is ongoing — but the reason for the termination matters enormously. A dismissal that is genuinely unrelated to the complaint (for example, a legitimate layoff or documented performance issue) is not automatically reprisal. However, if the dismissal appears connected to the employee’s decision to pursue their rights, the employer faces serious legal exposure on a second, independent front.

This is why employees in active human rights proceedings should document everything carefully: communications from management, changes in treatment, and the sequence of events leading up to any disciplinary action.

What Remedies Are Available for Reprisal at the HRTO?

The HRTO has broad authority to order meaningful remedies when reprisal is established. These can include:

• Monetary compensation for lost wages and benefits resulting from the retaliatory termination
• Compensation for injury to dignity, feelings, and self-respect
• Reinstatement to the former position in appropriate cases
• Orders requiring the employer to implement anti-reprisal policies or training

Reprisal findings are treated seriously because they strike at the integrity of the entire human rights complaints process. Employers who retaliate risk compounding their liability significantly.

Does This Apply to Small Employers Too?

Yes. The Human Rights Code applies to virtually every employer in Ontario regardless of size. A small residential services company is subject to the same reprisal prohibitions as a large corporation. There is no minimum headcount threshold. If you work for any employer in Ontario and you have asserted your rights under the Code, you are protected from retaliation.

Our Ontario employment lawyers regularly advise workers at companies of all sizes — from large enterprises to small businesses — on their rights when facing potential reprisal.

Practical Takeaways for Employees Facing Potential Reprisal

• Document the timeline immediately. Write down when you filed or threatened to file your complaint, and note any changes in how your employer treats you after that date.
• Save all communications. Emails, texts, performance reviews, and disciplinary notices can all be critical evidence in a reprisal claim.
• Watch for subtle retaliation. Reprisal does not have to be a termination — it can include schedule cuts, reassignment, increased scrutiny, or a hostile work environment.
• Act quickly. Human rights applications in Ontario are generally subject to a one-year limitation period from the date of the alleged reprisal.
• Get legal advice before responding to any disciplinary process your employer initiates after you file a complaint — your response can affect your case.

If you are based in the Greater Toronto Area or Hamilton region, our Burlington employment law team and Hamilton employment lawyers are available to review your situation.

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UL Lawyers offers a free initial consultation from their Burlington office and serves employees across Ontario. If you believe you have been punished for asserting your human rights at work, speak with our experienced employment law team to understand your options before the limitation period runs out.

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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.