Employment Law (lawyer)Lawyer referralDiscrimination, accommodation and harassment

Pregnancy, parental leave and family status discrimination

Pursuing a claim for discrimination or unfair treatment tied to pregnancy, parenting or caregiving duties.

An application to the Human Rights Tribunal of Ontario usually must be filed within one year of the last incident. Ontario Done by an Ontario lawyer, by referral

What is included

  • Reviews what happened and whether the Human Rights Code may apply
  • Explains the choice between a Human Rights Tribunal of Ontario application and a court claim, where both are possible
  • Prepares and files the application or claim with supporting evidence
  • Represents you at mediation and the hearing
  • Negotiates accommodation, return-to-work or settlement terms

What is not included

  • Court or tribunal fees, reports and other disbursements
  • Tax or pension calculations, unless the lawyer agrees to provide them
  • Steps beyond the scope confirmed in writing, such as a trial or an appeal
  • Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral

Who this service is for

  • Employees treated unfairly because of a protected ground, such as disability, race, sex or family status
  • Employees whose accommodation needs were not met
  • Employees who experienced sexual harassment at work

Information to have ready

  1. 1Notes, emails and messages about the incidents
  2. 2Medical notes or accommodation requests, if relevant
  3. 3Names of witnesses
  4. 4Any internal complaint and the employer's response

How a referral works

  1. 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
  2. 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
  3. 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
  4. 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.

NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights

Frequently asked questions

What does the lawyer charge?

Lawyers usually charge $350–$700/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.

Should I sign the severance package I was offered?

Not before getting advice. Depending on your contract, you may be entitled to more than the minimum under the Employment Standards Act, 2000, and signing a release usually gives up further claims.

What is constructive dismissal?

It may happen when an employer makes a major change to your job without your agreement, such as a large pay cut or demotion, or allows a toxic workplace. The lawyer can assess whether the facts may support a claim.

Do I have to look for a new job after I am dismissed?

Usually, yes. Dismissed employees are generally expected to make reasonable efforts to find similar work, and this can affect damages, so keep a record of your job search.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No settlement amount or result can be guaranteed
  • Deadlines keep running while you choose a lawyer
  • Federally regulated workplaces, such as banks and airlines, are covered by federal laws, such as the Canada Labour Code, rather than Ontario's Employment Standards Act, 2000
Law Society of Ontario — Barreau de l'Ontario
Find it on Apple NewsView full feature on Apple News