Friday, February 3rd, 2012
The Ontario Human Rights Tribunal recently examined an application before it and an earlier statement of claim made in court by the same person, and concluded that the claims were virtually identical. They were based on the same facts, made the same allegations and sought similar remedies…
Read the rest of this post »Tuesday, November 8th, 2011
Twice in the last month while conducting training sessions, I have had a workshop participant insist that their workers could NOT file a claim directly with the HRTO because the workers are members of a union. The workers must, they have insisted, file a grievance and settle their human rights claim via the labour relations process. A review of the law reveals the above is simply NOT the case.
Read the rest of this post »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?
Read the rest of this post »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.
Read the rest of this post »Thursday, August 4th, 2011
The Saskatchewan Human Rights Code Amendment Act, 2010, S.S. 2011, c. 17 (former Bill 160), was proclaimed in force on July 1, 2011. The overall purpose of the Act is to make the human rights complaints process more timely and flexible by streamlining the process for dealing with complaints and allowing more cases to be resolved without litigation.
Read the rest of this post »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.
Read the rest of this post »Friday, June 10th, 2011
Now that the Integrated Accessibility Regulation under the Accessibility for Ontarians with Disabilities Act is now law and will come into force on July 1, 2011, let’s take a closer look at the accessibility standard for employment.
Read the rest of this post »Wednesday, June 8th, 2011
Employers in Ontario must be aware of the changes that are happening and the requirements that will be placed on them in the very near future under the Accessibility for Ontarians with Disabilities Act …
Read the rest of this post »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…
Read the rest of this post »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.
Read the rest of this post »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.”
Read the rest of this post »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?
Read the rest of this post »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:
Read the rest of this post »Thursday, March 10th, 2011
The AODA customer service standard outlines what businesses and other organizations in Ontario must do to make their goods and services more accessible to people with disabilities by January 1, 2012. Every person or organization that provides goods and services to members of the public or other third parties, and has at least one employee in Ontario, must comply.
Read the rest of this post »Tuesday, March 1st, 2011
The Ontario Human Rights Code provides for a variety of prohibitions against discrimination on stated grounds, including disability. However, the Code goes on to specify “a right of a person under this code is not infringed for the reason only that the person is incapable of performing or fulfilling the essential duties or requirements attending the exercise of the right because of disability”. Reading through the legalese, what this means is that it is not a prohibited act of discrimination to deny an employee a job for the reasons that his disability prevents him from performing that job. However, the Code goes on to provide that a person cannot be found incapable of performing the duties of his position if it is possible for the employer to accommodate his particular needs “without undue hardship”.
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Leslie D Foreman:Andrew Taillon:
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