When can you apply to the Human Rights Tribunal?
The Human Rights Code protects employees from discrimination and harassment in employment because of protected grounds: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex (including pregnancy), sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status and disability. It also protects against reprisal for claiming or enforcing Code rights.
Unfair treatment at work is not always discrimination under the Code. An application generally has to connect the treatment, such as a termination, a refusal to accommodate or harassment, to one or more of these grounds.
The one-year deadline
An application must generally be filed within one year of the incident, or within one year of the last incident in a series of related incidents. The Tribunal can accept a late application only in limited circumstances, where the delay was in good faith and no substantial prejudice results. Because of this, the deadline is one of the first things to check.
How an application works
The Tribunal's process has several stages:
- Application: the applicant files Form 1, describing what happened, the protected ground involved and how each respondent is responsible, along with the remedy sought.
- Response: once the application is complete, it is sent to the respondent, usually the employer, which generally has 35 days to file a response (Form 2). The applicant may file a reply to new matters raised.
- Mediation: the Tribunal offers mediation with a Tribunal mediator, where the parties try to reach a settlement. Many applications are resolved at this stage.
- Case assessment: an adjudicator may give directions to prepare for a hearing, or order a summary hearing if it seems unlikely the application can succeed.
- Hearing and decision: if the matter does not settle, an adjudicator hears the evidence and decides the application. Decisions are published.
What the Tribunal can order
If the Tribunal finds a Code right was infringed, it can order remedies that include:
- Monetary compensation, including for lost wages and for injury to dignity, feelings and self-respect.
- Non-monetary remedies, such as reinstatement in some cases, accommodation, policy changes or human rights training.
- Orders aimed at future compliance with the Code.
Records that help
An application is stronger when it is specific about dates, people and events. Useful records often include:
- Emails, messages, letters and performance reviews.
- Notes made at the time about conversations, incidents and witnesses.
- Medical notes or accommodation requests, where disability or family status is involved.
- The termination letter, if the employment ended, and any reasons given.
Other routes and choices
Some situations can also be raised in other places, such as a wrongful dismissal claim in court that includes a human rights claim, or a union grievance for unionized employees. The Code limits filing at the Tribunal where the same matter is being pursued in a civil court, and the Tribunal can defer or dismiss an application dealt with elsewhere. A signed severance release may also cover human rights claims. These choices affect each other, so it helps to consider them together, early.
Related: Human rights at work: what employees should know.
Applicants do not need a lawyer to file, and the Human Rights Legal Support Centre offers free help to people with Code-related concerns.
Lutfi Law reviews human rights matters at work for employees across Ontario, online by video or phone. Initial consultation free for employment and human rights matters.
Last reviewed: October 2026 · Lutfi Law
Sources: tribunalsontario.ca · ontario.ca · ohrc.on.ca · hrlsc.on.ca