The International Day for the Elimination of Racial Discrimination, observed every year on March 21, is recognized by the United Nations as a global day of action against racism. This year marks 60 years since it was proclaimed in 1966. This day was a response to the 1960 Sharpeville massacre in South Africa, when peaceful protesters demonstrating against apartheid pass laws were killed.
Since then, countries around the world have used this day to reflect on how racism continues to show up in their own institutions and to recommit to legal and practical measures that promote equality.
In Ontario, the day is a reminder that racial discrimination is not just a historic problem or something that happens elsewhere. It is connected to everyday experiences at work, including hiring decisions, promotions, discipline and the culture of a workplace.
Ontario’s human rights and employment laws are one of the concrete tools we have, to move from statements of solidarity to enforceable rights and real accountability when racism occurs on the job.
Quick Answer: What is Racial Discrimination in the Workplace?
Racial discrimination in the workplace occurs when an employee is treated unfairly because of their race, colour, ancestry, place of origin, or ethnic background. In Ontario, the Ontario Human Rights Code prohibits discrimination and harassment based on race at every stage of employment, including hiring, promotions, discipline, and termination. Employers have a legal duty to prevent discrimination, investigate complaints, and provide a workplace free from harassment. Employees who experience racial discrimination may have legal remedies through human rights claims or other employment law protections.
What counts as racial discrimination at work?
Racial discrimination is when someone is treated worse at work, even in part, because of their race, colour, ancestry, place of origin, ethnic origin or related characteristics.
In Ontario, these are protected grounds under the Ontario Human Rights Code. That means employers cannot discriminate on race when making decisions about:
- Hiring
- Promotions
- Discipline
- Scheduling
- Termination
Discrimination is not limited to slurs or obviously racist comments. It can be more subtle, such as:
- Consistently overlooking racialized employees for better assignments
- Holding certain employees to higher performance standards than others
- Applying policies in a way that disproportionately harms them
- Harassment based on race or related grounds
- Jokes, comments or repeated microaggressions related to race
Even conduct that may be dismissed as “joking” can cross the line when it creates a poisoned or hostile work environment.
Importantly, harmful intent is not the test. A workplace decision can be discriminatory even if the person making it insists they did not mean any harm. What matters is whether race or a related ground played a role in the outcome.
Ontario employers’ legal duties
Under Ontario’s Human Rights Code, employers have a legal duty to provide a workplace that is free from discrimination and harassment, and to respond effectively when issues are raised.
This duty applies to all stages of the employment relationship, from recruitment to termination, and covers formal policies as well as daily practices.
Practically, this means employers should:
- Maintain clear discrimination and harassment policies
- Have complaints procedures
- Provide workplace training for employees and managers
- Take any complaint seriously, investigating in good faith
- Address any problems uncovered and implement corrective measures when discrimination occurs
Ignoring or minimizing a complaint in the workplace about racial discrimination can itself become discrimination.
The Human Rights Code also requires accommodation where race related needs intersect with other obligations. For example, an employer may need to accommodate religious observances that are tied to a racialized community, or cultural practices that affect scheduling or dress codes, up to the point of undue hardship.
Practical steps for employees experiencing racial discrimination in the workplace
For employees in Ontario who are concerned about racial discrimination at work, some practical steps include:
- Document what is happening
Keep dates, times, names and examples of comments or decisions that concern you.
- Use internal reporting channels
If it feels safe, raise the issue internally first, using your employer’s complaint process, HR or a trusted manager, and keep copies of what you report and how the employer responds.
- Watch for patterns
Note patterns, such as repeated comments, unequal discipline, or being passed over for opportunities in ways that seem connected to race or related grounds.
- Seek legal advice early
Understanding your options before making major decisions like resigning can help protect your rights.
Remember that you are not required to tolerate harassment. The law expects employers to intervene.
Practical steps for Ontario employers
For employers, the International Day for Elimination of Racial Discrimination serves as a reminder to critically evaluate at workplace practices.
Employers can take steps that include:
- Reviewing policies and training to ensure they clearly prohibit racial discrimination and harassment and explain how to report it
- Training managers on unconscious bias, and microaggressions
- Ensuring managers understand their duty to investigate complaints promptly and fairly
- Reviewing recruitment, promotion and discipline data to identify patterns that might indicate systemic barriers for racialized employees.
- Taking complaints seriously, documenting investigations and outcomes, and following up to ensure the workplace is safer and more inclusive afterward.
Creating a respectful and inclusive workplace helps reduce legal risk while also fostering a healthier organizational culture.
Why this day matters
Sixty years after the events that inspired the International Day for the Elimination of Racial Discrimination, the day continues to be a reminder that progress is possible, but not inevitable.
Workplaces play a significant role in this effort. It depends on how each workplace in Ontario chooses to apply these principles in real time. Marking this anniversary is not just about looking back at why the day was created, but about asking what we will do with the next decade to ensure our workplaces live up to the promises embedded in Ontario’s human rights and employment laws.
Frequently Asked Questions
What is racial discrimination in the workplace?
Racial discrimination occurs when an employee is treated unfairly because of race, colour, ancestry, ethnic origin, or place of origin. In Ontario, this conduct is prohibited under the Ontario Human Rights Code.
What should I do if I experience racism at work?
Employees may wish to document incidents, report concerns through internal workplace channels and consider seeking legal advice to understand their rights and options.
Are employers required to investigate discrimination complaints?
Yes. Ontario employers have a legal duty to take discrimination complaints seriously and investigate them in good faith.
Can racial discrimination lead to legal claims?
Yes. Employees may pursue claims through the Human Rights Tribunal of Ontario or other legal avenues depending on the circumstances.
Conclusion:
The International Day for the Elimination of Racial Discrimination is an opportunity to reflect on the progress that has been made and the work that remains. In Ontario workplaces, legal protections exist to help ensure that employees are treated fairly and with dignity.
Both employees and employers’ benefit from understanding these rights and responsibilities.
If you have questions about workplace discrimination or your legal rights, the employment lawyers at Whitten & Lublin can help you understand your options and navigate the next steps. Contact us online or call 416 640 2667.
