Discriminated or Harassed by an Employer While on a Closed Work Permit: What To Do

If you’re experiencing workplace discrimination or harassment while on a closed work permit, you’re protected by Canadian anti-discrimination laws regardless of your temporary status. Document all incidents with dates, times, and evidence like emails or photos. Report discrimination to Service Canada and file complaints with your provincial Human Rights Commission within specified deadlines. Seek legal assistance from immigration lawyers who understand the complexities of your situation. Explore this extensive guide to understand all available options and protection mechanisms.

Understanding Your Rights and Legal Protections as a Temporary Foreign Worker

When you work in Canada as a temporary foreign worker, you’re protected by the same anti-discrimination and harassment laws that apply to Canadian citizens and permanent residents.

These legal protections guarantee you can’t be treated unfairly based on characteristics like race, gender, religion, age, or sexual orientation. Your employer has a legal obligation to provide a safe, respectful workplace free from discrimination and harassment.

Importantly, your employer can’t punish, threaten, or retaliate against you for reporting workplace issues or seeking help from authorities. This protection extends to filing complaints, participating in investigations, or accessing support services.

Your employer cannot retaliate against you for reporting workplace problems or seeking help from authorities.

Understanding these rights empowers you to recognize when discrimination occurs and take appropriate action. Your closed work permit status doesn’t diminish these fundamental protections under Canadian law.

Documenting and Reporting Workplace Discrimination or Harassment

Knowing your rights provides the foundation for protecting yourself, but taking action requires thorough documentation and proper reporting procedures.

Keep detailed records of discriminatory incidents, including dates, times, locations, witnesses present, and specific actions or words used. Save emails, text messages, photos, or videos that support your claims. Document conversations immediately after they occur while details remain fresh in your memory.

You can report workplace abuse to Service Canada, which investigates employer violations.

File human rights complaints with your provincial or territorial Human Rights Commission if discrimination involves protected grounds like race, gender, or religion. Contact provincial employment standards offices for workplace violations.

Remember that confidentiality isn’t guaranteed during investigations, as your name may be shared with your employer during the process.

Filing Human Rights Complaints Through Provincial and Territorial Agencies

Although documenting incidents provides essential evidence, filing a formal human rights complaint through your provincial or territorial agency transforms your documentation into legal action.

Each province and territory operates its own Human Rights Commission or Tribunal that investigates discrimination based on protected grounds like race, gender, religion, or nationality.

You’ll need to file your complaint within specific time limits, typically ranging from six months to two years, depending on your location.

The complaint process requires detailed information about discriminatory incidents, including dates, witnesses, and how the treatment affected you.

Many agencies offer online complaint platforms to help determine if your situation qualifies.

Once filed, the agency will investigate your complaint, potentially leading to mediation, hearings, or monetary awards for damages suffered.

Seeking Professional Legal Assistance and Representation

While you can navigate discrimination and harassment complaints independently, professional legal assistance considerably strengthens your position and guarantees you don’t miss critical deadlines or procedural requirements.

Specialized lawyers understand immigration law’s complexities and can protect your work permit status while pursuing justice.

Consider seeking professional help when:

• Complex cases involving multiple violations – discrimination combined with wage theft or unsafe working conditions require a thorough legal strategy
• Employer retaliation or threats – lawyers can immediately intervene to protect your rights and document intimidation tactics
• Immigration status concerns – legal professionals can coordinate complaint processes with work permit applications or status changes

Canadian Currents Immigration Services (part of TJ Law Group with Taylor Janis Workplace Law) offers experienced immigration lawyers, consultants, and paralegals who provide cost-effective, tailored solutions.

Their decades of combined experience guarantee your specific immigration needs receive professional attention while maximizing your complaint’s success potential.

Exploring Alternative Resolution Methods and Support Services

Beyond formal complaints and legal proceedings, several alternative resolution methods can effectively address workplace discrimination and harassment while preserving working relationships when possible.

Mediation offers a neutral third-party approach where both you and your employer work together to resolve conflicts confidentially. This process often proves faster and less adversarial than formal complaints.

Employee Assistance Programs, if available through your employer, provide confidential counselling and support services.

Community organizations specifically supporting migrant workers offer valuable guidance, resources, and advocacy assistance. These groups understand the unique challenges you face as a temporary foreign worker.

Labour unions, where applicable, can provide representation and support throughout resolution processes.

Additionally, workplace ombudsman services in some provinces offer independent investigation and mediation services, creating pathways for resolution while maintaining your employment relationship.

Applying for an Open Work Permit for Vulnerable Workers

When facing abuse, exploitation, or the risk of abuse in your workplace, you can apply for an Open Work Permit for Vulnerable Workers—a specialized immigration tool that allows you to leave your current employer and work for any employer in Canada.

This permit provides critical protection for temporary foreign workers experiencing workplace abuse. You’ll need to demonstrate that you’re experiencing or at risk of experiencing abuse, which includes physical, sexual, psychological, or financial abuse by your employer.

Key requirements include:

• Valid status: You must hold a valid work permit or have applied for restoration of status
• Evidence of abuse: Documentation supporting your claim of workplace abuse or risk
• Application timing: Submit your application while maintaining legal status in Canada

The permit typically processes faster than standard work permits, recognizing the urgent nature of abuse situations.

Managing Immigration Status and Employment Changes During the Process

After submitting your Open Work Permit for Vulnerable Workers application, you’ll need to carefully monitor your immigration status while managing potential employment changes.

Your current closed work permit remains valid until its expiration date, even if you’ve left your abusive employer. However, you can’t work for a new employer until you receive approval.

If you find new employment before receiving your open work permit, you’ll need the new employer’s job offer and potentially an LMIA for a separate work permit application.

Document all communications with immigration authorities and maintain copies of your application.

Consider applying for visitor status if your work permit expires during processing. Keep detailed records of your financial situation, as you may need to demonstrate you can support yourself without working during the waiting period.

PRIVACY NOTICE:  Any information you provide to our office — whether your personal information or employment/employer details — will be treated as strictly confidential and will not be disclosed to your employer or to any other third party. So, please be reassured that you can talk openly to our capable Intake Paralegals worry free. Fill out an Online Inquiry or call us now, your information will be in safe and helping hands.

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