If you’ve experienced discrimination or harassment in the workplace, housing, or any other public setting in Ontario, you have the right to file a human rights complaint. The Ontario Human Rights Code (OHRC) protects individuals from unfair treatment based on race, gender, disability, sexual orientation, religion, and other protected characteristics.

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What Is a Human Rights Complaint?

A human rights complaint (also called an Application) is a formal request for legal action when someone believes they’ve been discriminated against.

If you have faced discrimination because of a protected characteristic, you may be eligible to file a complaint.

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Step 1: Determine If You Have a Valid Complaint

Your complaint must meet the following conditions:

• It is based on a protected ground under the OHRC: Race, gender, age, disability, religion, sexual orientation, marital status, etc.

• It occurred in a protected social area: Employment, housing, services, contracts, or membership in unions and professional associations.

• It happened within the last 1 year: You must file within 12 months of the discriminatory incident.

• You have evidence or documentation: Proof can include emails, witness statements, policies, performance reviews, or medical records showing discrimination or harassment.

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Step 2: Try to Resolve the Issue Internally (If Possible)

Before filing, consider resolving the matter directly with:

• Your Employer or HR Department 

Many employers and businesses have internal complaint processes. If they fail to act or dismiss your concerns, filing with the HRTO may be necessary.

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Step 3: Complete the Application (HRTO Form 1)

To file a complaint, you must submit an application to the HRTO. You can do this online, by mail, or by fax.

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What Information Do You Need?

• Your personal details (name, address, contact information).

• Details of the discrimination (dates, location, who was involved).

• How the discrimination affected you (financial loss, emotional distress).

• Any attempts to resolve the issue (internal complaints, mediation).

• Supporting documents (emails, text messages, contracts, performance reviews, witness statements).

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Step 4: Respond to Employer or Respondent’s Defense

After you file, the person or company you’re complaining against (the respondent) will receive a copy and must respond within 35 days.

• If they deny the allegations, they’ll submit evidence or an explanation.

• If they admit to the issue, they may offer a resolution before the hearing.

• If they fail to respond, the case may proceed without them.

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Step 5: Attempt Mediation or Settlement

Before going to a full hearing, the HRTO may suggest mediation—a voluntary process where both sides try to reach an agreement.

• Mediation can lead to a faster resolution, avoiding a formal hearing.

• If an agreement is reached, the case is closed.

• If no agreement is reached, the case proceeds to a formal hearing.

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Step 6: Prepare for the Human Rights Tribunal Hearing

If mediation fails, a tribunal hearing will be scheduled. During the hearing:

• You (the complainant) present your case with evidence and witness testimony.

• The respondent (your employer) defends their actions.

• A tribunal adjudicator makes a legally binding decision.

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Possible Outcomes:

• Financial compensation – Lost wages, emotional distress damages.
• Job reinstatement – In cases of wrongful termination.
• Policy changes – Employers may be ordered to update anti-discrimination policies.
• Public apologies – The respondent may be required to acknowledge wrongdoing.

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Free Consultation with Ottawa Employment Lawyers 

If you’ve faced discrimination or harassment in Ontario, you have legal options. Filing a complaint with the Human Rights Tribunal of Ontario (HRTO) is a powerful way to hold individuals and businesses accountable. By following the steps outlined above, you can protect your rights, seek justice, and potentially receive compensation. No one should experience discrimination, and Ontario’s laws are designed to protect and support you. Please do not hesitate to reach out to our team of experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (343) 321-0800 or fill out our contact form.