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human rights tribunal

Is the appearance of ‘youth’ a bona fide occupational qualification?

Kimberly Ouwroulis filed a Human Rights complaint alleging discrimination based on her age. The complaint was filed after she was terminated from her job as an exotic dancer at a strip club, allegedly, for being too old. As a highly publicized case, experts quickly asked the question whether or not age, for an exotic dancer, is a BFOQ?

 

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The expanding scope of employer liability under the Human Rights Code

The recent human rights decision of Morgan v. Herman Miller Canada Inc. examines the issue of employer liability under the Human Rights Code of Ontario. What happens when there are allegations of discrimination but no findings?

 

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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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Three of the most popular articles this week on HRinfodesk

Three of the most popular articles this week on HRinfodesk deal with lewd workplace banter; injury to dignity awards; and CPP & EI tax credit.

 

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Two kicks at the can: Worker allowed to re-litigate WSIB accommodation dispute at the Human Rights Tribunal

Most employers are likely familiar with the WSIB return to work process which often involves a WSIB employee attending at the workplace for the purpose of identifying suitable and sustainable work for the injured worker. In circumstances where there is a dispute about whether a position is suitable and/or available, the WSIB will examine the circumstances and make a written decision. The worker and the employer have the right to appeal an adverse decision initially to the WSIB Appeals Branch and ultimately to the independent Workplace Safety and Insurance Appeals Tribunal.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with Ontario’s increase to the employer health tax exemption and how the province is interpreting employment relationships in relation to the tax and the how a discriminatory dismissal decision was overturned by the Divisional Court.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the need for explicit warnings before terminating for cause, proving reprisal in employment, and the notice period required when terminating an older employee.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with the duty to mitigate; how the employer’s failure to ask an employee about questionable expenses prior to termination means no just cause; and how an employer and manager were both liable for human rights violation against a pregnant employee.

 

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Ontario Human Rights Commission releases policy on removing the “Canadian experience” barrier

Canadian Work Experience

On July 15, 2013, the Ontario Human Rights Commission (“OHRC”) released its Policy on Removing the “Canadian Experience” Barrier (the “Policy”) barrier. The purpose of the Policy is to address the fact that new immigrants, with university educations and/or work experience, are denied opportunities for jobs or career advancement because they lack “Canadian Experience” (i.e. Canadian based work experience) and their foreign educational qualification or work experience are not recognized.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with breach of confidentiality clauses in settlement agreements; how an employer was held liable despite the employee having suffered no discrimination; and how individuals can now delay receiving their Old Age Security pension plan.

 

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Understanding the rights of pregnant employees in Ontario

Pregnant employees or those employees intending to become pregnant, enjoy significant protection under various provincial and federal statutes. This article will explore the protections provided by the Ontario Human Rights Code, Employment Standards Act, and the Employment Insurance Act.

 

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Learn the latest! — Human Rights Tribunal finds discrimination in request for medical information

In Thompson v. 1552754 Ontario Inc., the applicant was employed as a counter person at the respondent’s coffee shop. The applicant alleged discrimination based on disability when her employer refused to allow her to return to work after a three day absence. The employer would not allow the applicant to return to work without providing it with specific medical clearance that she had returned to her “prior state” of health.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with differential treatment in the workplace, how an employee’s dishonesty and breach of confidentiality during a workplace investigation led to termination for cause and how a settlement was easily characterized as a retiring allowance.

 

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Don’t wait until the last minute to settle at the Tribunal

Employers face a choice when confronted with a human rights application from an employee or former employee: settle or defend.

 

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The Human Rights Tribunal says “no” to forum shopping

It has been a year since the Supreme Court of Canada’s decision in British Columbia (Workers’ Compensation Board) v. Figliola (“Figliola”). In Figliola, the Supreme Court stated that human rights complaints should not be relitigated before a human rights tribunal when they have already been litigated before another tribunal, such as the workers’ compensation board (“WSIB”), or a labour arbitration tribunal.

 

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