Tuesday, August 24th, 2010
The recent case of Friesen v. Fisher Bay Seafood and others is a great example of free speech v. discrimination, on how and when workplace rules cross the line…
Read the rest of this post »Tuesday, August 17th, 2010
In a decision released on July 19, 2010, the Human Rights Tribunal of Ontario held that an employee who was fired because she was pregnant had been discriminated against on a prohibited ground…
Read the rest of this post »Monday, August 16th, 2010
Technology usually helps us function by making daily tasks easier, safer, more efficient, and so on. But sometimes a technology comes along that doesn’t simply improve the way we do something, it actually creates a new type of behaviour. I think this is the case with online social networking, which allows individuals to broadcast to mass audiences in a way that wasn’t available in the past. The question remains, however, as to whether this activity makes life any easier! Some have certainly found it just causes them trouble.
Read the rest of this post »Friday, August 6th, 2010
Between November 22 and November 25, 2010, the Federal Court of Canada will hold hearings and then decide whether the mandatory retirement age of 60 years should stand for about 3,000 Air Canada pilots.
Read the rest of this post »Wednesday, August 4th, 2010
Across Canada, human rights legislation protects people from discrimination and harassment based on sex/gender; this protection includes pregnancy and breastfeeding. It is illegal to discriminate because a woman is pregnant. It is also illegal to discriminate because a woman was pregnant, had a baby or might become pregnant.
Read the rest of this post »Friday, July 23rd, 2010
Elsa Torrejon was diagnosed in early 2009 with breast cancer. After telling her employer about her illness and requesting an indefinite leave to receive treatment for breast cancer, she found herself dismissed and fighting for her human rights.
Read the rest of this post »Wednesday, June 2nd, 2010
It was recently brought to my attention that last April, several US news sources reported that the first Genetic Information Non-discrimination Act (GINA) case has been filed with the Equal Employment Opportunity Commission and the Connecticut Commission on Human Rights and Opportunities.
Read the rest of this post »Monday, May 17th, 2010
I am on holiday in Montreal and delighted to see the city blanketed with banners announcing “International Day Against Homophobia.” A human rights issue…
Read the rest of this post »Monday, May 10th, 2010
When you think of human rights, what comes to mind? Is it equality and basic rights for all? Or is it an intrusion into your business operations? Maybe you consider human rights a challenging opportunity, or just another way for employees to take advantage of employers in court. The Canadian Human Rights Commission wants employers to understand that human rights law and isn’t just about punishing employers; it’s about promoting equality, diversity and compromise, as well as business productivity, efficiency and growth.
Read the rest of this post »Friday, May 7th, 2010
What can employers do in their workplace to prevent discrimination against employees who have disabilities?
Read the rest of this post »Monday, May 3rd, 2010
With allegations of racial profiling in Arizona’s new immigration law abuzz throughout the media this week, it was interesting for me to come upon the speaking notes for a recent speech by the Chief Commissioner of the Canadian Human Rights Commission; the speech brings the issue closer to home.
The stated intent of the Arizona law is to ensure the security and well-being of American citizens living in Arizona, by protecting them from illegal immigrants and drugs. The new law requires local and state law enforcement to question people they suspect are in Arizona illegally about their immigration status. It also makes it a state crime to be in Arizona illegally; meaning, immigrants unable to produce documents showing they are allowed to be in the United States could be arrested, jailed for up to six months and fined $2,500 US, and ultimately deported.
Back in Canada, the CHRC Chief Commissioner’s speech discussed a study that will examine Safety Management Systems, which consist in part of behavioural recognition techniques, a vital element of aviation security screening. It’s a whole other issue to racial profiling you might say, but it’s one that is similar and aiming at safeguarding national security.
Read the full article on Slaw.ca.
Read the rest of this post »Friday, April 23rd, 2010
While Canada perceives it’s role as one of accommodating all forms of religious expression in a neutral manner, Quebec has decided to apply a more restrictive and formally secular approach. At a general level, this means the official separation of church and state. However, this proposed policy of secularity (bill 94) clashes with the religious traditions of many recent immigrants to Canada. To summarize, Bill 94 would require anyone providing or receiving government services to do so with their face uncovered for reasons of identification, security and communication. This includes services from hospitals, schools, universities, and daycare centres that receive provincial funding.
Read the full article on Slaw.ca.
Read the rest of this post »Wednesday, April 7th, 2010
On March 24, 2010, the Quebec government tabled in legislature Bill 94, An Act to establish guidelines governing accommodation requests within the administration and certain institutions. The Bill would create rules on how departments or agencies of the government can provide reasonable accommodation to citizens, certain organizations and public servants. These departments and agencies include health agencies, schools, colleges and universities, and services from child care to nursing homes. To this end, the Bill defines the concept of accommodation, asserts that the government will make any compromise to respect the right to equality between women and men and the principle of religious neutrality of the state, and provides that an accommodation cannot be granted if it imposes an undue hardship on the government department or agency. If enacted, the Bill would come into force on proclamation.
Premier Jean Charest and Justice Minister Kathleen Weil say the Bill upholds gender equality and secularism—the values that unite Quebecers. They said it, not me; but you’ve got to love it!
Read the full article on Slaw.ca.
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.
Read the rest of this post »Tuesday, March 2nd, 2010
Starting in 2006, Mark’s Work Wearhouse in Alberta was running background credit checks on employees looking for work at the clothing store. Not criminal record checks; not general reference checks; credit checks.
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