Wednesday, September 28th, 2011
You may have read the recent story about a blind rowing champ who was asked to leave the premises of an Esso gas station store. Victoria Nolan attempted to enter the premises with her guide dog when she was promptly told to leave the store. Ms. Nolan is not new to this problem, and she contacted the Toronto police who seemed to have extracted some kind of apology from the employee. An Esso spokesperson stated that the company tells retailers to allow service animals onto the premises. Apparently, there was a communication breakdown when instructing this employee about the topic of service animals.
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Tuesday, September 27th, 2011
“I am at a party on my day off and a coworker hurls racial insults at me or makes sexual suggestive comments to me.” Am I protected by my employer’s harassment and discrimination policy? Likewise, if I am the one doing the hurling or suggestive commenting, am I subject to discipline under my employer’s policies?
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Thursday, September 22nd, 2011
Old habits die hard. The Human Resources industry is obviously having a hard time abandoning the notion that 65 is the accepted age for retirement. Since amendments to the Ontario Human Rights Code in 2006, employers are prohibited from discriminating against employees based solely on age. Prima facie compelling retirement at age 65 is a breach of the Code.
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Friday, September 16th, 2011
The tribunal that decided the case of alleged discrimination against a part-time paramedic with multiple sclerosis who was shifted to a part-time ambulance driver position (at the paramedic’s pay rate) left some loose ends, according to the Supreme Court of British Columbia. The Court sent the case back to the tribunal to decide if the employer reasonably accommodated the employee, even though he was not able to perform important paramedic duties.
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Thursday, September 1st, 2011
Recently, I posted a discussion topic in The Canadian HR Law Group on LinkedIn, which I moderate. It turned out to be one of a few recent topics that generated substantial interest and comment. As a result, I thought I would revisit the issue here, and I hope to hear from all of the First Reference readers.
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Wednesday, July 13th, 2011
Aggression sometimes occurs in the workplace. That is a fact! And when conflicts are left unresolved, employers have employees resigning or taking tremendous amounts of sick leave to deal with these issues, or the aggression crosses the line into assault or battery, or you receive a human rights or occupational health and safety complaint.
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Thursday, July 7th, 2011
As most of us are aware, the Human Rights Code prohibits discrimination in the context of employment, and applies both during the employment relationship and in the hiring process. Most of us would take it as a given that you cannot make hiring decisions based upon grounds such as race, religion, gender, or disability. However, it is not quite as widely understood that the duty to accommodate an individual applies even to those who are not yet employees.
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Monday, June 6th, 2011
Every employer has experience accommodating employees due to their religion, family needs, health or disability. Accommodation is a necessary practice to manage a workplace today, and it’s the law in Canada, enshrined in the Canadian Human Rights Act and various provincial statutes. But every case of accommodation is different, and interpretations of the law vary.
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Friday, May 27th, 2011
Canadian women starting their careers still expect to earn considerably less than men, wait longer then men for promotions, and have lower salaries after five years of working, according to a soon-to-be-released study. This despite the fact that some believe we are reaching the point of equality in the workplace. Why is this happening? Why do women still have these expectations?
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Wednesday, May 25th, 2011
The Accessibility Standard for Customer Service Regulation obligates Ontario businesses and their employees to communicate with persons with disabilities in a manner that takes into account the person’s disability. Employers must train employees to interact and communicate with people that have various types of disabilities…
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Wednesday, April 27th, 2011
While learning about the Accessibility for Ontarians with Disabilities Act (AODA), organizations should be aware of the legal limitations of the Act in relation to the Ontario Human Rights Code. Many people are unaware that the Code takes precedent.
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Tuesday, April 26th, 2011
Morris has been Everett’s supervisor for over six years. Recently Morris had hired several administrative assistants and was giving the new recruits a workplace tour. The entourage stopped near the area where Everett was working and Morris introduced everyone. “Everett is your go-to person, ladies, for advice on fashion, hair, make-up or anything else a girl needs to know these days.”
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Tuesday, April 12th, 2011
The question for Steve in this workplace scenario is: did you know your actions were unwelcome at the time of the occurrence?
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Friday, March 25th, 2011
Is it an invasion of privacy for employers to get involved in the process of helping employees lose extra weight so they can be healthier? Should it be mandatory for employers from a health and safety perspective to require some type of fitness and nutrition management program in the workplace? Could an increase in education regarding fitness and nutrition lead to improved employee health and consequently improved productivity in the workplace? Could the pressure to lose weight affect employees’ self-esteem in a negative way? Is it unfair for employers to put pressure on employees to lose weight? Is it discriminatory under human rights legislation to require someone to increase their general health?
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Tuesday, March 22nd, 2011
I am a workplace human rights trainer and I learn of some important real-life scenarios from my workshop participants. I am often asked to provide expert feedback. The following are two very interesting workplace human rights scenarios—I have changed the names of those involved:
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