Human Rights Damages in Ontario Employment Cases: How Often, and How Much
If your dismissal or treatment at work involved a protected ground like disability or age, you may be owed human rights damages on top of severance. Here is how often courts award them and how much.
Key takeaways
- Human rights damages arise when a protected ground (disability, age, sex, and others) is involved.
- They are on top of severance, not part of it.
- When in issue, courts awarded them about 64% of the time (median ~$15,000).
- Failure to accommodate was found in about 52% of adjudicated cases.
- There is no income-based cap the way there is for ESA severance.
In this article
✅Quick answer. Human rights damages compensate you for discrimination connected to a protected ground, such as disability, age, sex, family status, or creed, in how you were treated or dismissed. They are separate from and on top of your severance. In Ontario employment decisions where the issue was actually in play, courts awarded human rights damages about 64% of the time, with a median around $15,000. Related extra damages, aggravated and punitive, are also available where the employer acted badly. None of these are automatic, but they are far from rare.
Severance compensates you for lost notice. Human rights damages compensate for something different: the injury to your dignity when a protected characteristic played a role in how you were treated. If that describes your situation, it can add meaningfully to what you are owed. Here is what the Ontario data shows.
How often courts award extra damages, and how much
When human rights damages apply
They apply where a protected ground under the Human Rights Code was a factor. In the employment context, the most common is disability: being dismissed because of a medical condition, or after your employer failed to accommodate you. In our data, a failure to accommodate was found in about 52% of the cases where it was adjudicated (90 of 172). Age, sex, pregnancy, family status, and creed are other common grounds. The ground does not have to be the only reason for the treatment, just a factor.
Start with your severance number
Human rights damages sit on top of your severance, so the first step is knowing your notice range. Estimate it with our free, case-law-calibrated calculator, then factor in any discrimination on top.
What should you do if a protected ground was involved?
- 1.Note whether a protected characteristic (disability, age, sex, family status, creed) played any role in your treatment or dismissal.
- 2.For disability, document any accommodation you requested and how the employer responded.
- 3.Keep records of comments, timing, and decisions that connect the treatment to the ground.
- 4.Get advice, because human rights damages are separate from severance and can be missed in a standard offer.
If a protected ground was in the mix, your claim may be worth more than a standard severance. See the duty to accommodate, bad-faith and moral damages, and severance pay in Ontario, and get a severance review that accounts for the discrimination piece.
Frequently asked questions
What are human rights damages in an Ontario employment case?
They compensate for discrimination connected to a protected ground under the Human Rights Code, such as disability, age, or sex. They are separate from and on top of severance, and unlike ESA severance they have no income-based cap.
How often are human rights damages awarded?
In our Ontario case database, courts awarded them about 64% of the time they were in issue (236 of 371 decided cases), with a median around $15,000. They are not automatic, but they are common where a protected ground is genuinely involved.
Do I get human rights damages on top of severance?
Yes. Severance compensates for lost notice; human rights damages compensate for the discrimination itself. They are additional, which is why a discrimination angle can meaningfully increase what you are owed.
What is the most common ground in employment cases?
Disability, usually a dismissal connected to a medical condition or a failure to accommodate, which was found in about 52% of adjudicated cases. Age, sex, pregnancy, family status, and creed are other frequent grounds.
Daniel Carter
Legal Writer, Mirza Law
Daniel Carter is a legal writer at Mirza Law in Toronto. He writes about layoffs, employment contracts, and the steps to take before you sign anything from your employer.
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