ethnic origin

“Asking for trouble”: BC Human Rights Tribunal considers whether interview questions crossed the line

November 13, 2017 Employer Advisor, McCarthy Tétrault LLP Human Resources, Human Rights, Recruiting and Hiring, 0

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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The “G” word: Brooks v. Total Credit Recovery Limited

May 24, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, 0

Brooks v. Total Credit Recovery Limited, a decision from the Human Rights Tribunal of Ontario examined words, their etymology, and their impact in the workplace.

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OHRC’s Policy on discrimination and language: Arnold v. Stream Global Services

October 26, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

As per the OHRC’s Policy on Discrimination and Language, although the Human Rights Code does not explicitly identify “language” as a prohibited ground of discrimination, the Human Rights Tribunal of Ontario may consider claims under a number of related grounds, such as ancestry, ethnic origin, place of origin and in some circumstances, race. The 2010 matter of Arnold v. Stream Global Services offers an explicit interpretation of this policy.

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Does the Tribunal have the power to deal with allegations of “unfairness” at work?

August 26, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, Human Resources, Human Rights

Whether or not the Human Rights Tribunal of Ontario has the power to deal with general allegations of unfairness in the workplace was recently revisited in Murray v. YouthLink.

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Respondents challenge $100,000.00 human rights decision

August 26, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

While more often than not the Human Rights Tribunal of Ontario’s decisions are not challenged, there are two processes by which this can be done.

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Ontario Human Rights Commission releases policy on removing the “Canadian experience” barrier

July 16, 2013 Simon Heath, BA, MIR, LLB, Heath Law Corporate Immigration, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Recruiting and Hiring, Training and Development

On July 15, 2013, the Ontario Human Rights Commission (“OHRC”) released its Policy on Removing the “Canadian Experience” Barrier (the “Policy”) barrier. The purpose of the Policy is to address the fact that new immigrants, with university educations and/or work experience, are denied opportunities for jobs or career advancement because they lack “Canadian Experience” (i.e. Canadian based work experience) and their foreign educational qualification or work experience are not recognized.

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The impact of human rights legislation on the interview process

April 23, 2013 Earl Altman Accessibility Standards, Employee Relations, Human Resources, Human Rights, Recruiting and Hiring, Standard for Employment

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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Can you require employees to speak English?

January 7, 2013 Michele Glassford Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

Can you require employees to speak English? As always, the answer to this question is “yes”, “no” and “it depends”.

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Employer was permitted to contract out of human rights obligations

July 6, 2011 Christina Catenacci Employment/Labour Standards, Human Resources, Human Rights

I read an interesting case recently that could be considered controversial: an employer was permitted to contract out of its human rights obligations with some vulnerable employees who were at an economic disadvantage and who experienced significant language barriers. How did the employer accomplish this? The employer added a provision in its termination letter that offered the employees consideration in exchange for signing releases preventing them from launching a human rights complaint.

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