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Maciel vs. Fashion Coiffures: pregnancy and employer’s continued obligation under the “Code”

The applicant alleged that she was terminated when on her first day of work she disclosed to her manager, Ms. Cinzia Conforti, that she was pregnant. In contrast, the respondents attributed her termination to the applicant’s alleged request to work part-time, although she had been newly hired for a full-time position.

 

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Poisoned work environment, discrimination, and undue hardship under the “Code”

A recent Ontario Human Rights case further underscores the employer’s ongoing duty to accommodate to the point of undue hardship, and that Code based harassment or discrimination constitutes a breach under the Human Rights Code of Ontario.

 

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Rollick v. 1526597 Ontario Inc.: “heavy handed and unjustifiable conduct”

The recent Human Rights decision of Rollick v. 1526597 Ontario Inc. o/a Tim Horton’s Store No. 2533, addresses what the Tribunal characterized as “heavy handed and unjustifiable” conduct on the part of the employer, when dealing with an employee with a disability.

 

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Emra v. Impression Bridal Ltd.: The hefty price of ignorance of the ‘Code’

The human rights case of Emra v. Impression Bridal Inc. reminds us that a disability may be  hidden, but when brought to the employer’s attention, it should not be ignored

 

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Lugonia v. Arista Homes: Pregnancy, short-term contracts and the “Code”

In the summer of 2013 the applicant, Amanda Lugonia, began a new job at the same time she discovered she was starting a new family, the result of which was instant dismissal from her new employer. The respondent denied that the applicant’s pregnancy was a factor in the termination of her employment and in addition denied knowledge of the pregnancy, claiming the reason for her termination was due to lack of “fit”.

 

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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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Facebook posting about co-worker = workplace harassment

In a recent case the Ontario Human Rights Tribunal found that a facebook posting about a co-worker’s Mexican heritage was prohibited workplace harassment under the Human Rights Code .

 

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Training: Are you engaging your employees?

There is training, and then there is engaging training…

 

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Workplace training: Proactive or reactive

Here’s a training tip I share with my workshop participants: Human rights sensitiviy training will probably not change racist opinions. Training will however let employees know how to file a complaint internally. This mechanism allows you to deal with the issue before it gets to the Human Right Tribunal. LEARN–DON’T LITIGATE.

 

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