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Human Rights

The British Columbia Supreme Court on family status discrimination: Parenting roles, stereotypes and in-flux jurisprudence

The recent British Columbia Supreme Court decision in Envirocon Environmental Services, ULC v. Suen confirms that the law in British Columbia with respect to family status discrimination remains unsettled. The decision also provides insight into the reasoning of the British Columbia Human Rights Tribunal regarding parenting roles and stereotypes and the interpretation of the purposes underlying the British Columbia Human Rights Code.

 

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Proposed domestic violence leave of absence in Newfoundland and Labrador would take effect January 1, 2019

domestic-violence

Several provinces have created or are beginning to add a statutory domestic violence leave of absence to their employment standards legislation, including Ontario, Saskatchewan, Manitoba, Prince Edward Island, Nova Scotia and New Brunswick. In Newfoundland and Labrador Bill 32 amends the Labour Standards Act to establish such a leave.

 

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No right to sue employer for sexual assault by co-worker: WSIAT

Can an employee sue her employer if she is the victim of sexual assault at work by a co-worker? The Ontario Workplace Safety and Insurance Appeals Tribunal says no once again, “not if the employee is entitled to WSIB benefits.”

 

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30 tips for a reasonable workplace investigation

In Canada, a requirement to conduct a workplace investigation is triggered in case of harassment, sexual harassment or violence. What then is required of such a workplace investigation? In short, a “reasonable” investigation is required.

 

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(Don’t) Google it: practical lessons from the global walkout by Google’s employees

On November 1, 2018, thousands of Google employees from around the world – including in Canada – engaged in a coordinated walkout, leaving their respective offices to protest workplace harassment and inequality at the company.

 

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Hold the applause: Clapping banned to reduce individual anxiety

A request for accommodation of alleged employee anxiety triggered by clapping should be treated in the same way as any other disability-related request for accommodation, that is, the employer must establish that there is in fact a disability triggering a duty to accommodate, and engage in a meaningful way to provide reasonable accommodation of the disability in question up to the point of undue hardship.

 

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Even robots are a little bit racist: Al bias in recruitment

How would you like to perform only the most high-level and uniquely human elements of your job? Are your skills really best utilized on data entry, rote memorization and pushing paper? Artificial Intelligence (AI) promises to delegate all the drudgery of your job to machines while freeing you up to mingle with clients on the golf course and answer phone calls from your private yacht in the Adriatic Sea.

 

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Federal government announces pay equity legislation for federally regulated workers

On October 29, 2018, days after releasing the Pay Equity Consultations What We Heard Report, the Federal Government proposed pay equity legislation for federally regulated workplaces.

 

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Four proposed prohibited grounds of discrimination

On September 26, 2018, a private member’s Bill 35, Human Rights Code Amendment Act, 2018 was introduced and received first reading in the Ontario legislature. The goal of Bill 35 is to add immigration status, genetic characteristics, police records, and social condition as prohibited grounds of discrimination in Ontario’s Human Rights Code.

 

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No smoking and no vaping signs required to be posted under Ontario’s smoke and vape-free legislation

The Ontario government has now made available information on the no smoking or no vaping signs required to be posted by employers and others on its website. There are three types of posting requirements under the smoke- and vape-free law, the Smoke-Free Ontario Act, 2017 and its accompanying regulation, Ontario Regulation 268/18.

 

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New rules regarding police record checks: Employers take note

On November 1, 2018, Bill 113, Police Record Checks Reform Act, 2015 will come into effect in Ontario. Employers should take steps now to ensure that their police record checks policy and procedures are in compliance with the new standardized procedure.

 

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Interim remedies at the HRTO revisited following termination

The previous article citing Tomlinson v. Runnymede Healthcare Centre discussed interim orders at the Human Rights Tribunal of Ontario. Of note is the rarity of a decision that institutes compliance on the part of the respondent prior to the conclusion of the matter. In such a request, the burden of proof is placed squarely upon the applicant, as in Codrin v. Commissionaires Great Lakes.

 

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What is undue hardship?

The right to accommodation at work in Canada is not absolute. Employers only have an obligation to accommodate disabled employees up to undue hardship and can therefore terminate or suspend disabled employees if the employee cannot be accommodated.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with new prohibited grounds of discrimination, the Canada Pension Plan and employment and labour standards.

 

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Preparing for the legalization of recreational cannabis in Canada: What employers should know

On October 17, 2018, the federal government’s Cannabis Act comes into force, ushering in a new regulatory model for the possession and use of certain types of cannabis. At the same time, provincial governments will enact their own provincial cannabis statutes, such as Ontario’s Cannabis Act.

 

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