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Archive for the ‘Human Rights’ Category

AODA: The one-step ramp conundrum

Tuesday, February 21st, 2012

Andrew Lawson recently introduced our readers to the StopGap one-step ramp project at www.stopgap.ca. The group offers businesses in Ontario a one-step accessibility ramp for free. Sounds great, right? Well, during my several years on Ontario’s accessible built environment standards committee, we addressed the issue of one-step ramps and members raised valid reasons not to assume this is a fix in all situations. So what is the conundrum?

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Tags: accessibility, accessibility markings, accessibility ramp, accessibility rules, accessible built environment standards, barriers, built environment standards committee, employment law, mobility device, one-step ramp, one-step ramp conundrum, snow removal, Special Olympics, StopGap, tripping hazard, winter maintenance
Posted in Accessibility Standards, Human Resources, Human Rights, Standard for Customer Service, Standard for the Built Environment | 4 Comments »

Excessive overtime doubles depression risk

Tuesday, February 7th, 2012

A January 25, 2012, British research study indicates that people who work 11 or more hours a day have double the odds of becoming depressed compared with those who don’t work overtime. But why is this important for us as employers to know?

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Tags: depression, employment law, Excessive overtime doubles depression risk, lost work days, mental disorders, mental health issues, Mental illness, overtime, short- and long- term disability, substantial work impairment, work-related stress, working excessive hours, workplace, workplace stress
Posted in Accessibility Standards, Employee Relations, Health and Safety, Human Resources, Human Rights, Standard for Employment | 1 Comment »

Human Rights Tribunal barred from hearing application: no forum-shopping allowed

Friday, February 3rd, 2012

The Ontario Human Rights Tribunal recently examined an application before it and an earlier statement of claim made in court by the same person, and concluded that the claims were virtually identical. They were based on the same facts, made the same allegations and sought similar remedies…

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Tags: barred from hearing application, Civil court, Disability, discrimination, duplication of claims, employment law, forum-shopping, human rights code, human rights tribunal, ontario, Ontario Human Rights Code, reprisal, Return to work, sex, short-term disability leave, statement of claim, termination, wrongful dismissal
Posted in Employment Standards, Human Resources, Human Rights | Make a Comment »

Slaw: Systemic discrimination in law firms: Perception or reality? My point of view

Thursday, February 2nd, 2012

Many people continue to deny others equal treatment, intentionally and not. Law Times offers a recent example of alleged systemic discrimination; the case Law Society of Upper Canada v. Selwyn Milan McSween raises the question of whether racism hinders black lawyers’ participation in big law firms in Ontario.

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Posted in Employee Relations, Human Resources, Human Rights | Make a Comment »

Accessibility compliance: is accommodation enough?

Tuesday, January 24th, 2012

I am going to tell you a story that will test your knowledge of your current legal responsibilities under the Accessibility for Ontarians with Disabilities Act and the Ontario Human Rights Code. For those readers who pass the test, congratulations, you are providing all your customers with the respect they deserve and have sufficient knowledge to insulate your organization from legal liability. For those of you who don’t pass, well, we’ll give you another chance and point you in the direction of some helpful resources to help you get on track!

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Tags: accessibility compliance, Accessibility for Ontarians with Disabilities Act, Accessibility Standards PolicyPro, accessible building, AODA, AODA seminar, ASPP, OHRC, Ontario Human Rights Code, wheelchair
Posted in Accessibility Standards, Human Resources, Human Rights, Recruiting and Hiring, Standard for Customer Service | Make a Comment »

AODA: Accessible transportation compliance schedule

Tuesday, January 17th, 2012

As you probably know, the Transportation Standards under the Accessibility for Ontarians with Disabilities Act will come into force over the next five years. The Government has released the accessible transportation compliance dates, and you can find them all below. Obligated transportation providers can keep this schedule as a quick reminder of present and future compliance deadlines.

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Tags: Accessibility for Ontarians with Disabilities Act, accessibility plan, accessible vehicles, AODA, buses, compliance dates, ferries, Highway traffic act, IAR, Integrated Accessibility Regulation, MCSS, ontario, Ontario Ministry of Community and Social Services, Regulation 629, retrofit, schedule, Specialized Transportation Service Providers, streetcars, subway, taxi, taxicabs, transportation providers, Transportation standards, vehicle contract
Posted in Accessibility Standards, Human Resources, Human Rights, Standard for Transportation | 2 Comments »

Mandatory retirement ends for federally regulated employers

Monday, January 16th, 2012

The federal government gave royal assent to Bill C-13, Keeping Canada’s Economy and Jobs Growing Act on December 15, 2011. Several of the measures enacted have an impact on employment law for federally regulated workplaces. One of the measures amends the Canadian Human Rights Act to eliminate the mandatory retirement age for federally regulated employees.

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Tags: age, age discrimination, age-based job requirement or qualification, anti-harassment and anti-discrimination policies, BFOR, Bill C-13 Keeping Canada’s Economy and Jobs Growing Act, bona fide occupational requirement, Canadian Human Rights Act, duty to accommodate, employment law, federally regulated employers, mandatory retirement, The normal age for retirement in Canada is 65, The Supreme Court of Canada, workplace policies
Posted in Employee Relations, Employment Standards, Human Resources, Human Rights | Make a Comment »

No age discrimination present – job applicant was simply outperformed in interviews

Friday, January 13th, 2012

I read a case recently that clearly illustrates why employers should ensure that interview questions are related to the actual job responsibilities required for a job, and to remember to make and keep for a reasonable period of time interview notes that include the reasons for hiring (and not hiring) candidates.

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Tags: age discrimination, conducting interviews, documentation, employment law, genuine belief, interview, job applicant, job applicants, job responsibilities, justifiable reasons, Ontario Human Rights Tribunal, outperformed, permanent contract posision, reference, selection process, teacher, testimony, tie questions to job, witness
Posted in Human Resources, Human Rights, Recruiting and Hiring | Make a Comment »

Is training a wise investment?

Monday, January 9th, 2012

Valuable information can come from diverse sources. Consider this case I uncovered via the daily commuter newspaper: a female employee complained that a third-party service provider harassed her. The incident took place on the employer’s premises, but the alleged harasser was not employed directly by the employer. He was employed by the company that serviced the company’s office photocopiers…

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Tags: harassment, harassment prevention policy, harassment training, human rights tribunal, sexual harassment, third parties, Wamsley v. Ed Green Blueprinting, workplace harassment, workplace harassment investigations
Posted in Employee Relations, Human Resources, Human Rights, Training and Development | Make a Comment »

Reverse discrimination: is it just an attitude?

Tuesday, December 20th, 2011

Reverse discrimination is not a legal term but a socially constructed idea that describes a particular phenomenon; it is a side effect of employment equity programs, as they are called in Canada; “affirmative action” programs in the United States. Reverse discrimination in employment is perceived to have occurred when the majority (or a member of it) is denied an opportunity because the law forces an employer to hire a person from a minority group.

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Tags: affirmative action, discrimination, employment equity programs, employment law, minority group, policies and procedures, policy, procedure and practices, reverse discrimination, the majority
Posted in Employee Relations, Human Resources, Human Rights | 1 Comment »

Attention AODA organizations: actions to complete by January 1, 2012

Wednesday, December 14th, 2011

January 1, 2012, is the date to complete all actions required under the Accessibility Standards for Customer Service and emergency preparedness requirements in the Integrated Accessibility Standards. The good news is, if your organization is obligated to report, you do not have to file with the government until December 31, 2012.

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Tags: accessibility, Accessibility Directorate of Ontario, Accessibility for Ontarians with Disabilities Act, accessibility obligations, Accessibility Standards PolicyPro, accessible format, AODA, assistive devices, Disability, e-learning, emergency preparedness, employment law, ontario, persons with disabilities, Procedures and practices, remove barriers, Reporting, Service animals
Posted in Accessibility Standards, Health and Safety, Human Resources, Human Rights, Integrated Accessibility Regulation, Standard for Customer Service, Standard for Employment, Standard for Transportation, Training and Development | 4 Comments »

Required training under the AODA customer service standard

Wednesday, December 7th, 2011

The Accessibility Standards for Customer Service require employers to provide accessible customer service to persons with disabilities. In order to comply with the legislation, all businesses and organizations providing goods or services to the public with at least one employee in Ontario must meet several requirements by January 1, 2012. What we gathered at our most recent AODA seminar is that employers are very concerned about the training aspect of the customer service obligations.

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Tags: Accessibility for Ontarians with Disabilities Act, Accessibility standards, Accessibility Standards for Customer Service, AODA, AODA seminar, assistive devices, customer service policies and procedures, Customer service standards, customer service training, disabled persons, employment law, interacting with persons with disabilities, ontario, persons with disabilities, policies, practices and procedures, service animal, support person
Posted in Accessibility Standards, Human Resources, Human Rights, Standard for Customer Service, Training and Development | 1 Comment »

What is reverse discrimination?

Tuesday, December 6th, 2011

Two men are holding hands and occasionally kissing while waiting in line at a driver licensing office. A person waiting in line approaches the men calling them “fags” and telling them their behaviour is “disgusting”. The same person attempts to engage others waiting in the line to join in the demeaning discourse…

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Tags: discrimination, employment law, harassment, Human rights complaint, obligation to intervene, poisoned work environment, responsibility to intervene, reverse discrimination, right to be free from discrimination
Posted in Human Resources, Human Rights | 4 Comments »

Introducing guest blogger Matt Lalande

Thursday, December 1st, 2011

We are pleased to announce that Matt Lalande will be joining our team of regular bloggers. Matt is a lawyer at Haber & Associates. Although Matt is specialized in representing those who have suffered harm by the wrongs of others, Matt has particular emphasis on wrongful death, personal injury and employment law. He will be writing on issues relating to employment law.

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Tags: employment law, Haber & Associates, Matt Lalande
Posted in Announcements, Human Resources, Human Rights | Make a Comment »

Myths and misunderstandings regarding employees on leave

Thursday, December 1st, 2011

As more employees spend time on leaves of absence, employers seem to be struggling to understand their rights and obligations…

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Tags: accommodation, Costco, Disability, Disability benefits, disability insurance, disability management, downsizing, duty to accommodate, eligibility for disability benefits, employment law, frustration of contract, Leaves of absence, maternity leave, medical evidence, medical leave, ongoing absence, parental leave, pregnancy leave, Return to work, right-sizing, terminating employee on leave, termination, undue hardship, wrongful dismissal
Posted in Benefits, Employment Standards, Human Resources, Human Rights, Payroll | 3 Comments »

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