ACAS Settlement Program - FAQ
Please note: The answers listed here are for informational and reference purposes only, and is not intended as legal advice. Please consult your local Legal Aid Ontario community legal clinic, the HIV & AIDS Legal Clinic (Ontario), or a lawyer practicing the relevant area for legal assistance or representation.
Employment and human rights:
2a. What is the job market like in Canada?
A: It is hard to say because the answer depends on many factors: the economy at the time, the occupation, training, experience, location, etc.
The Job Future site (part of Service Canada) has useful information on market trends about 265 occupations, rated from good, fair and limited opportunities.
http://www.jobfutures.ca/noc/browse-occupations-work-prospects.shtml
The Ontario government has a web site that helps people how to find a job in their trade or profession:
http://www.citizenship.gov.on.ca/english/working/
Settlement.org also has a list of employment-related information:
http://www.settlement.org/site/EM/
2b. Will the academic and/or professional credentials from my home country be recognized in Canada?
A: The assessment requirements for different credentials related to each trade or profession from a particular country depends on many factors. For a step-by-step guide on how to have your credentials assessed, please visit Canada immigration’s Foreign Credentials Referral Office web site:
http://www.credentials.gc.ca/immigrants/start.asp
The Ontario government also has a web site providing guidance on how to use your credentials and experience to find a job:
http://www.citizenship.gov.on.ca/english/working/education/
2c. If I am interested in starting my own business, where should I start?
A: The Ontario government has a web site specifically for guiding individuals on how to start and run a business:
http://www.gov.on.ca/ont/portal/!ut/p/.cmd/cs/.ce/7_0_A/.s/7_0_252/_s.7_0_A/7_0_252/_l/en?docid=STEL02_038763
Service Canada also has information on start-up funds and grants for different groups of people and business owners:
http://www.servicecanada.gc.ca/en/subjects/business/index.shtml
2d. Do I need to tell my employer that I am HIV positive?
A: With one exception in Ontario, an employer is not allowed to ask about the health or disability of an employee or potential job candidate. However, an employer may ask about conditions that may interfere with the essential functions of the job.
The one exception in Ontario in which HIV status legally may prevent a person from working in that occupation is paramedics. Under the Ambulance Act, someone who is HIV positive may be denied from becoming a paramedic.
Otherwise, the Ontario Human Rights Code prohibits an employer from discriminating on the basis of a disability, such as being HIV positive.
An employer also has a legal duty to provide you with accommodations (up to the point of undue hardship on the employer) for your disability and health, such as extra time off or flexible hours, if you ask for it. Your employer has the right to ask you to provide supporting information in terms of what specifically is interfering with your ability to perform your job and to determine what sort of accommodation is needed. However, you or your doctor do not have to disclose general health information that is not relevant to the need for accommodation, including your HIV status, and the employer has no right to demand such information.
The Ontario Human Rights Commission (ORHC) has a section on its web site with more information about discrimination and disability:
http://www.ohrc.on.ca/en/issues/disability
The ORHC also has a guide called Policy on HIV/AIDS-Related Discrimination:
http://www.ohrc.on.ca/en/resources/Policies/PolicyHIVAids?page=PolicyHIVAids-Contents.html
If you feel you have been discriminated at your work on the basis of your HIV status, or your employer has asked if you have HIV, please contact the HIV & AIDS Legal Clinic (Ontario) immediately for legal assistance or assessment on a potential human rights complaint.
2e. Is my employer allowed to ask about my sexual orientation, gender identity, and marital status other than health and HIV status?
A: The Ontario Human Rights Code prohibits discrimination on the basis on these grounds so an employer may not ask for such information while you are employed, interviewing, in a job posting, or through an application form, whether directly or indirectly. This is true even if you are applying to a volunteer of internship position.
Please see the Ontario Human Rights Commission for more information: http://www.ohrc.on.ca/en/issues/employment
Also, please consult your local community legal clinic or the HIV & AIDS Legal Clinic (Ontario) for advice if you suspect you have been asked information that is prohibited.
2f. What shall I do if I feel I am being discriminated against by my employer or co-workers at work, by my teachers or classmates at school, by my landlord, etc?
A: The Ontario Human Rights Code prohibits discrimination because of my sexual orientation, gender expression, gender, race, and/or HIV status. If you believe this has happened, you may have a potential human rights complaint. However, in certain contexts, you may have to attempt to address the issue internally first, such as with a union grievance or report to a human resources manager, before you may initiate a complaint at the Ontario Human Rights Tribunal.
Please consult your local community legal clinic or the HIV & AIDS Legal Clinic (Ontario) for assistance or representation.
2g. What shall I do if I am being harassed or threatened?
A: It is illegal for people or any organizations in Canada to harass a person because of her/his sexual orientation (and gender, race, age and more). If you feel you are harassed or discriminated against:
- where possible, confront the person who has harassed you and tell them to stop.
- Keep a written record of the offending behaviour and your actions and reactions. Keep details of names, dates and places.
- Many workplaces have anti-harassment policies and help you protect your rights and help deal with an unfair situation. If there is no such direct policy, you may file a complaint to the Human Rights Commission at your province or territory.
If the harassment involves physical violence, you may call 911 and speak to the police for help. If the threat of violence is not immediate, you can the policenon-emergencyphone number.
The Hate Crime Information Booklet provides you with information about the legal system and how to work with the police if you are a victim of hate violence. Consider making a copy of the Hate Crime Reporting Form, which will help you to write down what happened.
On other related specific issues, you may contact your local community services. A comprehensive directory of community, social, health and government services can be found at 211Toronto.ca.
Settlement.org: http://www.settlement.org/sys/faqs_detail.asp?faq_id=4000232
The 519 LGBTQ Community Centre Anti-Violence Programme: http://www.the519.org/programs/avp/avp.shtml
Canadian Human Rights Commission: http://www.chrc-ccdp.ca/links/default-en.asp#provincial
211Toronto.ca: http://www.211toronto.ca/fs_gen_comm_serv.jsp
2h. Are there any professions that do not hire LGBTTQ people or people with HIV/AIDS? Can I be fired because of my sexual orientation, gender expression, race, same-sex marital status, and/or HIV status?
A: Generally, there are no restrictions in being employed in any profession based on these grounds (with one exception regarding the paramedic profession and people with HIV/AIDS in question 1d). Similarly, a person cannot be fired for the same reasons. The Ontario Human Rights Code prohibits discrimination of all these grounds so an employer cannot legally refuse to hire, or fire, a person exclusively on such a basis.
If you suspect you have been denied employment or fired because of such discrimination, please consult your local community legal clinic or the HIV & AIDS Legal Clinic (Ontario) for advice.
2i. I have a same-sex spouse or common law partner. Do I need to tell my employer?
A: You do not have to disclose your marriage or relationship to your employer, and your employer cannot demand such information, because it is prohibited by the Ontario Human Rights Code. However, you may wish to include your spouse or partner in your employee benefits plan so you may have to declare him or her to the employer and/or insurance company. However, the employer cannot discriminate against you upon learning about your marital status or sexual orientation.
2j. Where can I find information about basic employee or worker’s rights, such as minimum wage, vacation, safety, etc.?
A: Settlement.org has an entire section dedicated to labour and employment rights in Canada and Ontario:
http://www.settlement.org/sys/faqs_detail.asp?faq_id=4000249
2k. I am looking at going back to school. Where should I go to get information?
A: It depends on what kinds of education and whether you are enrolling as a Canadian resident or a foreign VISA student. There are basic information at…
Settlement.org:
http://www.settlement.org/site/ED/
…and more comprehensive information at:
The Council of Ministers of Education, Canada (CMEC):
http://www.cmec.ca/
2l. Will my company’s employee benefits provide coverage to my same-sex spouse or common law partner?
A: Employee benefits program vary based on the company and insurance company. However, it is illegal to discriminate based on sexual orientation and gender so a company’s employee benefits plan may not single out same-sex spouses or partners as an exclusion from coverage while providing benefits to opposite-sex counterparts.
Please check with the human resources department of a particular company to find out if there are employee benefits, what is covered, and the policy regarding coverage for spouses or partners.
EGALE Canada has a list that shows examples of such employers:
http://www.egale.ca/index.asp?item=46&version=EN
Please refer to the Ontario Human Rights Tribunal and seek legal assistance if you believe your spouse or partner is being denied your employee benefits on the basis of sexual orientation.