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Human Rights

“Asking for trouble”: BC Human Rights Tribunal considers whether interview questions crossed the line

The interview process can be a legal minefield for employers. One false step, one inappropriate question can give rise to a human rights complaint alleging that the employer has discriminated against the prospective employee.

 

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The legalities of criminal, credit and medical checks in HR

Many employers requesting personal information related to criminal, credit or medical circumstances may consider the requests to be legitimate in creating or maintaining the working relationship. However, they should be careful what they wish for.

 

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Update on genetic discrimination provisions in human rights legislation

Canada is on its way to including genetic discrimination provisions in its human rights legislation. Since March 2017, some interesting developments have occurred.

 

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The #metoo moment

The sudden fall from grace of film producer Harvey Weinstein, over sexual harassment allegations, has proven to be the first rock in a landslide; in the weeks since, women everywhere have begun to voice complaints about past and ongoing instances of unwelcome sexual attention.

 

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When can an employer ask for an independent medical examination?

The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court denied leave to appeal the Divisional Court’s decision that found the employer was justified in requesting an IME as part of the process of accommodation.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a recent policy statement released by the Ontario Human Rights Commission, a proposed increase to administrative monetary penalties under Bill 148 and consequential and technical changes to regulations made under the Employment Standards Act if the proposed Bill 148, Fair Workplaces, Better Jobs Act, 2017 is passed.

 

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The curious incident of the sick dog and paid leave in the work day

Earlier in October news outlets reported that a woman in Italy had successfully petitioned her employer to allow her to use two days of paid leave to care for her sick dog, rather than use vacation allotment.

 

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Recent decision upholds reasonable prospect criteria

The Tribunal does not have the general power to deal with allegations of unfairness, as the Tribunal’s jurisdiction is exclusive to issues of human rights and discrimination. In order for an application to be successful, the applicant must establish a connection between one or more of the protected grounds and behaviour on the part of the respondent.

 

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Preferential treatment for employees with active WSIB claims not discriminatory

Generally, where no suitable work is available for an employee’s restrictions, employers are not required by human rights law to accommodate a disabled employee by generating new positions for them.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with four new prohibited grounds of discrimination, the Suncor employee drug testing fight and 2018 salary projections.

 

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The Wall: Tearing down a poisoned work environment

Although a similar CSI-style wall is unlikely to be recreated in a typical workplace, other examples of pervasive, non-specific harassment may arise. It is incumbent upon leaders at all levels in an organization not just to recognize harassment and potentially, a poisoned work environment, but to take steps to remedy the issues.

 

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Adding new prohibited grounds in Ontario Human Rights Code

Private member’s Bill 164, Human Rights Code Amendment Act, 2017, introduced on October 4, 2017 in the Ontario Legislature would amend the Ontario Human Rights Code (Code) to include four new prohibited grounds of discrimination including, social condition, police records, genetic characteristics and immigration status.

 

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Tips for recruiting online

While it may be tempting to view the web as a wild west free-for-all, it is important to remember that the law still very much applies.

 

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Compliment or sexual harassment: Where do you draw the line?

Despite a number of legislative initiatives that are intended to reduce and ultimately eliminate sexual harassment in society, sexual harassment continues to be a problem in Ontario’s workplaces.

 

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