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Canadian Human Rights Act

The Canadian Human Rights Commission publishes Impaired at Work: A guide to accommodating substance dependence

The national epidemic of opioid abuse and overdoses is almost a daily feature in news media. Meanwhile, recent figures indicate that prescriptions for painkillers continue to increase in Canada. It is in this context that the Canadian Human Rights Commission recently released a new guide: Impaired at Work: A guide to accommodating substance dependence.

 

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Federal adjudicator dismisses family status grievance

Federal adjudicator dismisses family status grievance – confirms that employer’s duty to accommodate is only engaged where a work rule interferes with an employee’s legal obligations.

 

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Genetic non-discrimination: Update on Bill S-201

Bill S-201 would prohibit any person from requiring an individual to undergo a genetic test as a condition of: providing goods or services to that individual; entering into or continuing a contract or agreement with that individual; or offering or continuing specific terms or conditions in a contract or agreement with that individual. Those who contravene the rules would be subject to severe penalties.

 

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Is the recent increased support for Pride reflected in current legislation affecting employment?

July 3, 2016 marked the first time a Canadian Prime Minister marched in Toronto’s Pride parade. But some may be wondering, ‘Do Canadian laws currently protect LGBT rights in the workplace, and have they kept up with the evolving climate of increased inclusion?’ The answer depends on the particular jurisdiction involved because the issue is addressed in human rights legislation across Canada.

 

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Employee not discriminated against as breastfeeding a “choice”- Federal Court of Appeal Decision

The recent decision by the Federal Court of Appeal addresses the employer’s duty to accommodate. Ms. Laura Flatt, the applicant, sought a judicial review from the Public Service Labour Relations and Employment Board (Board) after her grievance against her employer, the Treasury Board of Canada, was dismissed. The applicant had filed her grievance based on discrimination on the grounds of sex and family status contrary to the Canadian Human Rights Act.

 

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Concurrent employment can bring WSIB claim headaches

Do any of your employees also work for another company? If so, things could get complicated if your worker is ever involved in a workplace accident.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with wilful misconduct; family status and eldercare; and, criminal negligence causing death under OHSA.

 

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Working families is more than political platitude for employers

Statistics show that the duty to accommodate employees on the basis of family status is an issue which will become a critical one over the coming years for almost all employees and employers.

 

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2014 Employment law round up – Top five cases/trends/stories

With 2015 just around the corner, it is useful to reflect on the year that has just past and is coming to a close. 2014 had a number of significant employment law developments and below we have…

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with mandatory retirement; enforceability of releases; and an employer’s obligation to accommodate child care responsibilities.

 

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Federal Court of Appeal outlines test for discrimination on the basis of child care responsibilities

The Federal Court of Appeal has released two companion decisions in Attorney General of Canada v Fiona Johnston and the Canadian Human Rights Commission 2014 FCA 110 (“Johnston”) and Canadian National Railway v. Denise Seeley and the Canadian Human Rights Commission 2014 FCA 111 (“Seeley”) that confirm that discrimination on the prohibited ground of “family status” includes child care obligations and in elaborating on the appropriate test to be used in order to determine when an employee can establish a prima facie case of discrimination on the basis of family status contrary to the Canadian Human Rights Act.

 

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Leave to Appeal Air Canada mandatory retirement case to Supreme Court of Canada dismissed

As predicted, there was an application for leave to appeal Air Canada’s mandatory retirement case to the Supreme Court of Canada; however, without providing any reasons, the Supreme Court of Canada dismissed the application and refused to hear the matter.

 

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The impact of human rights legislation on the interview process

Many H.R. Departments pride themselves on the skill with which they can interview prospective employees in order to assess their qualifications for the position being advertised, the fit of the employee with the organization, and the likelihood that the employee will stay with the organization for a reasonable period of time. What employers are often not cognizant of is the limitation imposed on this process by the provisions of various provincial and federal Human Rights statutes.

 

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Federal Court clarifies that the prohibited ground of “family status” includes “childcare obligations”

Do employers have to accommodate the “childcare responsibilities” of their employees to the point of undue hardship? The Federal Court has confirmed that in the federal jurisdiction the answer is yes subject to the requirement that the childcare responsibility be a “substantial parental obligation”.

 

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Expect application for leave to appeal to Supreme Court of Canada in Air Canada mandatory retirement case

Since the Federal Court of Appeal upheld the mandatory retirement practice for Air Canada pilots, some developments have taken place. First, in the primary Vilven and Kelly case, there will likely be an application filed to obtain leave to appeal to the Supreme Court of Canada regarding the constitutionality of section 15(1)(c) of the Canadian Human Rights Act.

 

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