Each province has human rights legislation that protects individuals from discrimination on the basis of certain grounds or characteristics. These protections apply not only to employees, but also to anyone receiving a service, such as students receiving education, patients receiving health care, or individuals receiving any service provided by government, businesses or institutions. Even professionals have a right to be free from discrimination by their regulators. These human rights laws are above all other laws in each province.
For the average Canadian, human rights protection is supposed to mean that nobody is ever punished, excluded, denied a service, kicked out of school or fired because of, for example, his or her religion or disability. However, discrimination remains fairly common, particularly toward religious and/or disabled individuals. Human rights law may also be relied upon when pursuing a claim such as wrongful dismissal, or when defending against allegations of misconduct.
The team at KITCHEN WELLS LLP regularly submits claims to human rights tribunals on behalf of people who have been denied a service or fired from a job for a discriminatory reason and are seeking compensation for the harm they have suffered. We have extensive experience advancing claims of religious discrimination in the workplace and at school. One such case involves former high school student Josh Alexander, who was kicked out of a public high school in Ontario for expressing his Christian religious belief that boys should not be entering the girls’ washroom and that his school was wrong to permit it.
If you believe you have been the recipient of discriminatory treatment by your employer or a service provider, contact us for advice on how to respond and whether you should lodge a human rights complaint.
Client Recommendations
“If you desire peace of mind and confidence in choosing the right legal team, you have found a gold mine with James Kitchen and Jody wells. I believe James Kitchen was hand-picked by God to take on my case, and I am so grateful and blessed. James is phenomenal and his reputation for being highly-valued and sought-after proves true based on my personal experience. He gained my trust and respect very quickly and has maintained that since day one. I was also happy to get to know his outstanding partner Jody Wells and his wonderful assistant Sue Krysac.
After experiencing so much trauma from unjustly losing my beloved 13-year airline career and fighting this battle alone for years to receive justice, a massive weight lifted off my shoulders when I finally retained James. From the very beginning and at each step of the process, the passion, tenacity, wisdom, courage, faith and perseverance of James and his legal team have continued to increase my faith not only in all of them, but in God who directs all of our paths and decisions. It is such a blessing to have a legal team who shares my faith in the same mighty God, especially given the details of my case, which involves losing my career while defending my Christian faith.
James, Jody, and Sue have already created a lasting positive personal impact on this highly emotional process that will be remembered for years as an enjoyable and uplifting experience, no matter the end result. Even when facing a recent weighty decision about whether to continue to the next step, now truly recognizing what this legal team is capable of, has made my decision to press on just that much easier.
Not only do their skills, talents, & efforts complement and flow together masterfully, but their individual passion, character, dedication, & ambition—which each of them contributes—truly create the “secret sauce” that makes this legal firm shine above others. I am so thrilled for whomever lands on this review to hopefully be encouraged to reach out to KITCHEN WELLS LLP and embark on your own personal journey with them for the strong support you seek. They do not disappoint. And they will fight valiantly for you.”
~ Shannon Wylie
“To anyone in need of hope and light where there is darkness and you find yourself alone and feeling helpless where you know you are being treated wrongly and unfair, know there is James Kitchen who will assist and let you know if you have a case and he will do everything he can to assure you and give you hope and peace of mind. I have a chronic disability and was being railroaded by my former employer to be transferred into a work position I was not able to do from a work position I was able to do. My human rights and rights as an employee were being abused and I was not being treated fairly. When I knew I was feeling trapped and alone in a corporate jungle I reached out to James and explained my situation. It was upon his advice and knowledge that I knew I had a legitimate human rights case and my rights where being abused. I cannot thank James enough for his representation, patience, advice and, most of all, support during the process. James negotiated a settlement for me that allows me to live with happiness, relief, and peace of mind once again. Divine intervention does happen and it was James Kitchen who was there when my prayers were answered.
“I highly recommend James Kitchen to anyone who feels unsure but would like to know if you have a case and feel the peace of mind James can give you through his advice.”
~ Sonia Salamanchuk