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discrimination

$200,000 awarded by the HRTO for sexual harassment and assault of vulnerable employee

Employers would be well-advised to implement strong anti-discrimination, harassment and workplace violence policies which include provisions regarding processes, investigations and training.

 

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HRTO confirms co-op student’s right to pursue interests

Co-op students may be covered by the “Code”, and should be afforded the same inalienable rights as all other employees during a potential interview or  co-op placement.

 

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The Supreme Court of Canada interprets workplace discrimination broadly

In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, the Supreme Court of Canada considered the scope of section 13(1) of BC’s Human Rights Code, which concerns discrimination “regarding employment or any term or condition of employment.”

 

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Human Rights Tribunal of Ontario: the “Code” matters, not social norms

Although there may be social norms at play, a business owner would do well to continue to update and implement workplace and human rights policies on an ongoing basis, otherwise, they may be liable for any breach of the “Code”, whether intended or otherwise.

 

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No reason given for refusal of HRTO request to expedite, no reasons required

In this matter, the Request to Expedite was dismissed through a letter from the Registrar. In the interim decision, the Tribunal further explained that in matters dealing with process, there are no grounds for reconsideration, as only final orders may be reconsidered.

 

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Discrimination or accommodation?

Accessibility legislation in Ontario requires employers to communicate with employees and the public about the availability of accommodation for job applicants with disabilities in both the recruitment process and when making job offers. There is no duty to pro-actively identify an employee’s or candidate’s disability.

 

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Abrams v. Kupar: Pregnancy not a factor in short-term employee’s termination

In the matter of Abrams v. Kupar, the applicant, who was pregnant at the time, was terminated from a new job. The applicant believed it was due to the fact that she was pregnant. The respondent alleged that the termination had nothing to do with her pregnancy, but rather that the employee was not suited for the job. The matter was heard at the Human Rights Tribunal of Ontario. The Tribunal’s decision was in favour of the respondent.

 

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Parliamentary Secretary releases final report and recommendations on re-establishment of B.C. Human Rights Commission

The B.C. government launched a public engagement process on September 20, 2017, led by Parliamentary Secretary for Sport and Multiculturalism Ravi Kahlon, to gather stories, feedback, and information from the public to guide the re-establishment of the Commission. The engagement process, which included nearly 100 public meetings and consideration of nearly 70 formal written submissions, ended on November 17, 2017.

 

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The Supreme Court of Canada issues landmark decision on the scope of human rights legislation

The Supreme Court of Canada recently issued a much-anticipated decision on the scope of human rights legislation, finding that the British Columbia Human Rights Code is not limitless in its scope, and instead created a new contextual test to determine whether alleged discriminatory conduct is conduct within the scope of the Code.

 

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HRTO issues rare interim order based on family status

As common as an interim order or decision may be, it is uncommon that the Human Rights Tribunal of Ontario may issue an order that institutes compliance on the part of the respondent prior to the conclusion of the matter. Such was the case Tomlinson v. Runnymede Healthcare Centre.

 

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Reinstatement of employment at the Human Rights Tribunal

Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.

 

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“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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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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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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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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