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gender identity

Gender identity and gender expression

Following our previous post on the British Columbia government’s bill to amend the Human Rights Code (Code) earlier this year, the bill recently received royal assent and gender identity and gender expression are now expressly included in the Code as protected grounds. Though the meaning and application of these new protected grounds will need to be fleshed out by Tribunal and court decisions, the Tribunal’s website now provides the following descriptions…

 

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Is the recent increased support for Pride reflected in current legislation affecting employment?

July 3, 2016 marked the first time a Canadian Prime Minister marched in Toronto’s Pride parade. But some may be wondering, ‘Do Canadian laws currently protect LGBT rights in the workplace, and have they kept up with the evolving climate of increased inclusion?’ The answer depends on the particular jurisdiction involved because the issue is addressed in human rights legislation across Canada.

 

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Alberta the newest province to add gender identity and gender expression to human rights legislation

Effective December 11, 2015, Alberta has added gender identity and gender expression as a prohibited ground of discrimination under its Human Rights Act.

 

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Do you need a transgender policy?

The recent well-publicized transgender celebrities, and Emmy wins for the Amazon show Transparent, have put gender identity, gender expression, transsexual and transgender issues on the social and political agenda. Most employers should already have general anti-discrimination, anti-harassment and accommodation policies recognizing protected human rights grounds. So if an employer doesn’t have a transsexual or transgender employee, how important is it to have a specific policy dealing with transsexual, transgender, gender identity and gender expression? For some employers, it may be essential.

 

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Ontario Human Rights Commission releases new policy on gender identity and gender expression

On April 15, the Ontario Human Rights Commission published a new comprehensive policy entitled Policy on preventing discrimination because of Gender Identity and Gender Expression. According to the Commission, the policy…

 

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Gender identity and gender expression in employment, Vanderputten v. Seydaco Packaging Corp.

On June 19, 2012 the Human Rights Code (Ontario) was amended adding two new protected grounds of discrimination, namely “gender identity” and “gender expression”. The first interpretation of these new grounds was examined in the Human Rights Tribunal decision in Vanderputten v. Seydaco Packaging Corp.

 

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The impact of human rights legislation on the interview process

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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What are an employer’s human rights obligations with respect to gender identity?

Across Canada, there is a trend in human rights law to increase protections for transgendered individuals. Last year, Ontario and Manitoba joined the Northwest Territories in expressly including “gender identity” as a prohibited ground of discrimination under their human rights legislation. Ontario also included “gender expression” as a prohibited ground. In addition, Nova Scotia in 2012 added “gender identity” and “gender expression” to its Human Rights Act to protect transgendered persons from discrimination.

 

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Most-viewed articles this week on HRinfodesk

Gender identity and access to women’s washroom facilities Would it be discriminatory to prohibit a pre-operative, male-to-female transsexual from entering a women’s washroom? The answer should be of interest to any employer or business offering services or accommodation to the public. (In PDF) Performance review must take into consideration a person’s disability An employer discriminated […]

 

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Slaw: Human Rights legislation to include gender identity in Manitoba and Ontario, among others

Both Manitoba and Ontario recently added gender identity and gender expression to their human rights legislation as prohibited grounds of discrimination.

 

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Think proactively about workplace policies and practices even if it’s not the law (yet)

In these articles that I write for First Reference Talks readers and in the training programs I design for my clients I usually focus on two important topics: Legal obligations of employers (especially new laws) Best practices in employee management (usually based on legal obligations) This article is about all that but also provides the […]

 

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Workplace human rights: Is this sexual harassment?

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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