Racial Discrimination in the Workplace
When your race, ethnicity, national origin, or colour affects how you are treated at work.
Content last verified against official statutes: March 30, 2026
What the Law Says
CHRA s.7 prohibits differential treatment in employment based on race, national or ethnic origin, and colour. CHRA s.14 prohibits harassment based on these same grounds. Under s.7, it is a discriminatory practice to refuse to employ, or to treat unfavourably in the course of employment, any individual based on a prohibited ground. The employer does not need to say “I am treating you differently because of your race.” The conduct itself, viewed in context, establishes the discrimination.
What This Means for You
Racial discrimination includes being passed over for promotions given to less-qualified colleagues of a different race, receiving harsher discipline for the same conduct, being excluded from meetings or projects, having your accent or cultural practices mocked, receiving comments about “fitting in” or being told to “adjust to Canadian culture,” and being subjected to microaggressions that collectively create a hostile environment. You do not need to prove the person intended to discriminate. You need to show that you were treated differently and that race is a factor that distinguishes you from those treated better.
Real Example
An employee at a Canadian company noticed that workplace directives were applied selectively. A policy requiring specific documentation was enforced against them but not against colleagues in the same role. Communications about religious practices (such as prayer times) were sent in a way that singled them out. When the employee escalated these concerns through the formal complaint process, the response addressed “interpersonal conflict” rather than the documented pattern of differential treatment. The employee filed with the Canadian Human Rights Commission, citing the specific dates, the specific policies applied differently, and the specific comparators (colleagues in the same role who were not subjected to the same requirements).
Real Court Decision
In Oliva, Pascoe, and Strong v. Gursoy (2024 AHRC 45), the tribunal awarded $230,000+. Read the full case →
What You Can Do
- 1Document every instance of differential treatment with dates, the specific action taken, and who else in a comparable position was or was not subjected to the same treatment.
- 2Identify your comparators — colleagues in similar roles who are treated differently than you.
- 3File a formal written complaint citing CHRA s.7 and s.14, naming specific incidents and comparators.
- 4If internal resolution fails, file with the CHRC within 1 year of the last incident.
- 5Keep a timeline showing the pattern of differential treatment.
Warning Signs
- Policies or directives applied to you but not to colleagues in the same role
- Comments about your accent, cultural practices, food, clothing, or religious observances
- Being excluded from social events, meetings, or project opportunities without professional justification
- Harsher discipline or scrutiny compared to colleagues in similar roles
- "Jokes" about your ethnicity or national origin
- Being told to "fit in" or "adapt" in ways not asked of other employees
- Promotion or assignment decisions that consistently bypass you despite equivalent or superior qualifications
What to Document
- Specific incidents with dates, what was said or done, and who was involved
- Comparator evidence: how colleagues in similar positions are treated differently
- Policies that are applied selectively, with documentation showing the selective application
- Communications (emails, messages) that reference your ethnicity, accent, religion, or cultural background
- Performance reviews or metrics showing equal or superior performance to comparators who received better treatment
Where to File
Internal
- Written complaint to HR citing CHRA s.7 and s.14
- Include specific comparators and specific dates
External
Canadian Human Rights Commission (CHRC)
For federally regulated workplaces.
Provincial human rights tribunal
If provincially regulated.
Key Statutes
When Should You Contact a Lawyer?
This platform is designed to help you build your case independently — collecting evidence, documenting incidents, writing complaints in compliance language, and navigating the internal HR process. Many employees can handle these steps without a lawyer.
The most effective time to engage a lawyer is after you have completed the internal process and your employer has failed to resolve your complaint. At that point, a lawyer can review your complete file — your timeline, evidence, complaint, and the employer's response — and provide strategic advice before you file with an external body such as the CIRB, CHRC, or OPC.
By doing the groundwork yourself, your consultation becomes a focused strategic review rather than a costly fact-gathering session. This approach has been validated by employment lawyers who reviewed files prepared using this methodology and found the documentation thorough with nothing to add.
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Cite This Page
MyWorkRights.ca, "Racial Discrimination in the Workplace," accessed 2026-04-01, https://myworkrights.ca/harassment/racial-discrimination
Written by the MyWorkRights.ca team, based on direct experience navigating the CIRB, OPC, and CHRC complaint processes and 500+ hours of employment law research.