Friday, August 26th, 2011
In July, the Canadian Human Rights Tribunal made its third decision in the case of two Air Canada pilots who challenged the airline’s mandatory retirement policy. The tribunal decided in favour of Air Canada. Then, in August, the tribunal decided in a similar case involving 70 other Air Canada pilots. The tribunal again decided in favour of the airline, but for different reasons. For those hoping the July decision would settle the matter once and for all, the August decision is sure to confuse matters.
Read the rest of this post »Friday, February 4th, 2011
Some recent cases make the message to employers very clear: employers cannot minimize or ignore requests for accommodation on the basis of family status. The requests must be treated in the same way as requests for accommodation based on any other protected ground in the human rights legislation.
Read the rest of this post »Tuesday, January 18th, 2011
Section 15.1 of the Canadian Charter of Rights and Freedoms (Charter) provides that “every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on…age.”
Read the rest of this post »Wednesday, November 10th, 2010
The Canadian Human Rights Tribunal has ordered Air Canada to reinstate two pilots, aged 65 and 67, who were forced to retire at age 60.
Read the rest of this post »Friday, August 13th, 2010
While not every childcare need gives rise to an employer obligation to accommodate, the employee argued that her complicated and unpredictable schedule made it impossible to care for her children. Moreover, she knew that…
Read the rest of this post »Wednesday, March 24th, 2010
Accommodating employees with disabilities to the point of undue hardship under human rights legislation can be a complicated task. It’s important to make sure the accommodation process goes smoothly and the employee can focus on working as efficiently as possible, but employers may not be sure about what kinds of questions to ask disabled employees in order to meet their needs.
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Leslie D Foreman:Andrew Taillon:
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