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Posts Tagged ‘harassment’

Is training a wise investment?

Monday, January 9th, 2012

Valuable information can come from diverse sources. Consider this case I uncovered via the daily commuter newspaper: a female employee complained that a third-party service provider harassed her. The incident took place on the employer’s premises, but the alleged harasser was not employed directly by the employer. He was employed by the company that serviced the company’s office photocopiers…

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Tags: harassment, harassment prevention policy, harassment training, human rights tribunal, sexual harassment, third parties, Wamsley v. Ed Green Blueprinting, workplace harassment, workplace harassment investigations
Posted in Employee Relations, Human Resources, Human Rights, Training and Development | Make a Comment »

What is reverse discrimination?

Tuesday, December 6th, 2011

Two men are holding hands and occasionally kissing while waiting in line at a driver licensing office. A person waiting in line approaches the men calling them “fags” and telling them their behaviour is “disgusting”. The same person attempts to engage others waiting in the line to join in the demeaning discourse…

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Tags: discrimination, employment law, harassment, Human rights complaint, obligation to intervene, poisoned work environment, responsibility to intervene, reverse discrimination, right to be free from discrimination
Posted in Human Resources, Human Rights | 4 Comments »

Does over-sensitivity lead to harassment? The preventive value of respect

Tuesday, October 11th, 2011

“Excessive claims of workplace harassment are a sign that our society has become far too sensitive and it really needs to stop.” This is the message I received from workshop participants this week during a group discussion on the topic of the prevention of workplace harassment and discrimination. But is it true?

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Tags: Bill 168, discrimination, employment law, harassment, harassment prevention, healthy workplaces, human rights code, illness, lost time, offensive speech, OHSA, Ontario Occupational Health and Safety Act, over-sensitive, respect, sexism, stress, workplace harassment, workplace violence
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights | 2 Comments »

Can I be disciplined for off-duty behaviour?

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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Tags: Bill 168, canadian employment law, discrimination, Dismissal, employee discipline, employment law, harassment, HR issues, off-duty acts, off-duty conduct, off-duty hours, policies and procedures, policy manual, prevention workshops, terminations, workplace code of conduct, workplace harassment, wrongful dismissal
Posted in Employee Relations, Human Resources, Human Rights | 4 Comments »

Cyber-libel and the quest for information about workplace bullying

Tuesday, July 26th, 2011

Without any question whatsoever it is smart for organizations and those who manage them to address issues of workplace bullying. It is not only smart but, since about this time last year, it is the law!

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Tags: bullying, cyber-libel, employment law, harassment, incidents of harassment in the workplace, occupational health and safety act, workplace bullying, workplace harassment
Posted in Employee Relations, Health and Safety, Human Resources | Make a Comment »

When aggression and the workplace collide

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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Tags: aggression, bullying, discrimination, employment law, gender, harassment, harassment free workplace, hostile work environment, Human rights complaint, occupational health and safety complaint, policy and procedures, racial, religious or sexually charged discrimination, training, workplace
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights | Make a Comment »

Workplace violence and privacy: what’s the connection?

Tuesday, June 28th, 2011

So here’s a question to ask yourself—what are your legal obligations under Ontario law when you see an online photo of your worker committing violent acts?

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Tags: 12th Annual Ontario Employment Law Conference, Bill 168, employment law, facebook, harassment, health and safety, Kelly McDermott, occupational health and safety act, OH&S, OHSA, ontario, policies and procedures, Rioting, social media, Stanley Cup playoffs, Stringer Brisbin Humphrey, termination, twitter, workplace harassment, workplace violence, wrongful dismissal
Posted in Conferences, Health and Safety, Human Resources, Privacy and Security | Make a Comment »

Withdrawing arrangement to accommodate disability a bad and expensive idea

Friday, June 17th, 2011

I recently read an excellent case that sends a strong message to employers who attempt to abruptly change telecommuting arrangements, especially in the case where the employer had been previously accommodating the employee due to a physical disability. Simply put, it is a really bad idea, one that could cost at least $18,000.

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Tags: accommodate disability, accommodating the employee due to a physical disability, discrimination on the ground of disability, employment law, environmental hypersensitivity, environmental sensitivities, environmental sensitivity, harassment, Physical disability, sick building syndrome, telecommuting, telecommuting arrangement
Posted in Human Resources, Human Rights | Make a Comment »

Social networking and Internet abuse in the workplace – Learn the latest

Wednesday, May 18th, 2011

We’ve written plenty on First Reference Talks about the significant effects—both negative and positive—that online social networking can have on workplaces. Whether its Facebook, Twitter, LinkedIn, YouTube, news or entertainment blogs or what-have-you, employees are using social media, and increasingly they’re doing it on your time. Employers should be aware of the potential value they can derive from social media, as well as the potential risks.

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Tags: blogs, communication, defamation, employment law, facebook, harassment, Internet, internet policies, LinkedIn, morale, Network Security, Ontario Employment Law Conference, performance management, productivity, security, social media, social networking, social networking policies, Stringer Brisbin Humphrey, termination, time theft, twitter, YouTube
Posted in Conferences, Human Resources, Internal Controls, IT, Privacy and Security, Privacy and Security | Make a Comment »

Don’t sweep harassment under the carpet

Tuesday, May 10th, 2011

Occupational health and safety law and human rights law both prohibit reprisals, threats and intimidation against a person for exercising their rights. Employers can be liable for stiff financial penalties for permitting this unacceptable behaviour…

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Tags: allegations of abuse, Bill 168, canadian employment law, complaint process, employment law, harassment, human rights code, intimidation, occupational health and safety, occupational health and safety act, Ontario Human Rights Tribunal, policies and procedures, prevention, reprisals, threats, unacceptable behaviour, workplace harassment, workplace harassment and violence, workplace violence
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights | 1 Comment »

The Facebook bullying case – some tough issues to ponder

Monday, May 9th, 2011

In a case that has gained significant media attention, the Nova Scotia Court of Appeal has held that the name of a 15-year-old girl, who was allegedly defamed and bullied online, should be revealed to the public.

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Tags: anonymous person, bullied online, bullying, cyberbullying, defamation, defamatory comments, education, facebook, harassment, law, lawsuit, Nova Scotia Court of Appeal, online bullies, open court, publication ban, Schools, social media, social networking, Supreme Court of Canada, teen suicides
Posted in Human Resources, Internal Controls, IT, Privacy and Security | 2 Comments »

The perpetuation of gender-based stereotypes is a form of sexual harassment

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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Tags: discrimination, employment law, gender-based stereotypes, harassment, human rights code, ontario, Ontario human rights commission, sex discrimination, sexual harassment, sexual orientation, training, workplace harassment, workplace human rights
Posted in Human Resources, Human Rights | Make a Comment »

‘Unwelcome behaviour’ in sexual harassment cases

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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Tags: conduct and behaviour, Conduct training, discrimination, employment law, harassment, human rights code, incidence of harassment in your workplace, ontario, sexual harassment, training, Unwelcome behaviour, workplace harassment
Posted in Human Resources, Human Rights | 2 Comments »

Should employers be involved in helping employees deal with obesity?

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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Tags: BMI, body mass index, discrimination, employee health, employment law, epidemic, excersise, fitness, harassment, helping employees lose weight, obesity, overweight, productivity, The Obesity Epidemic in Canada, weight problem, wellness programs
Posted in Health and Safety, Human Resources, Human Rights | Make a Comment »

Workplace human rights: Is this sexual harassment?

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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Tags: discrimination, employment law, gender discrimination, gender identity, harassment, human rights, human rights act, human rights code, prohibited ground under human rights legislation, sexual harassment, sexual orientation, training, workplace harassment
Posted in Human Resources, Human Rights | 2 Comments »

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