human rights code
The three popular articles this week on HRinfodesk deal with: An employee who was dismissed for not submitting a doctor’s note in a timely fashion; a firefighter who was reinstated after being dismissed for sexually harassing a co–worker; and human rights claims, made by a former employee, that were barred by terms of a final release received on termination.
The recent decision of Misetich v. Value Village Stores Inc. reaffirms that family status accommodation under the Human Rights Code is a joint obligation, involving both the employee and employer.
Genetic discrimination provisions in human rights legislation: Will Ontario be the first Canadian jurisdiction?
Canada is on its way to including provisions in human rights legislation that prevents discrimination based on a person’s genetic characteristics. The issue is that a person can experience discrimination and harassment simply because of something that may be—something that has the potential of happening. Employers must be aware that human rights legislation is in the process of evolving to include provisions to prevent this type of discrimination, and this will apply in the workplace as well.
Under the Ontario’s Human Rights Code (the Code), an employee cannot be terminated due to a disability. If the Human Rights Tribunal finds that the termination was based in part or in whole on a disability, this may be considered a breach of the Code. The matter was addressed in one of the first Tribunal decisions of 2017, Ben Saad v. 1544982 Ontario Inc.
Although the Tribunal found there to be a contravention of settlement, it deemed that the delay in receiving the monies was relatively minor, and therefore an award of compensation was not warranted.
The legal doctrine of res judicata can cause an Application at the Human Rights Tribunal to be dismissed. This was the case in Chen v. Harris Rebar.
Because of changes in demographics and other reasons, employees are increasingly asking for changed work schedules or time off work to care for children and elderly parents (i.e. family status accommodation). Depending on the size of the business and the employee’s duties these requests can create real problems. As a result, employers often ask whether a request for changed hours or time off work must be accommodated. The legal landscape has been shifting in this area for a number of years. This blog discusses the applicable legislation and some recent case law.
In an application filed under the Human Rights Code of Ontario, once the matter has been heard, and the Tribunal has found the respondent to be liable, the next stage is that of remedy. Monetary and non–monetary damages may be awarded as was the case in Kohli v. International Clothiers, where the applicant, Ms. Kohli, had filed an application alleging discrimination in employment on the basis of sex.
A workplace is a team environment. It functions best when the atmosphere is positive. One of the biggest concerns for employers, in Ontario and elsewhere, is how to address and manage the presence of toxic employees in the workplace. In a recent report from the Harvard Business School, “toxic worker” was defined as someone who “engages in behaviour that is harmful to an organization, including either its property or people.”
The three popular articles this week on HRinfodesk deal with: An employee who was told to quit if she felt unsafe; current and 2017 payroll rates; and the introduction of a new Bill to cover physical size and weight in human rights legislation.
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…
Is an employer’s request for medical documentation after an employee’s illness in keeping with the Human Rights Code (“Code”)? The following case examines whether or not it is a breach of the Code for an employer to request medical documentation as a condition of returning an employee to work.
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.