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injury to dignity

Family status: Recent interpretation under the Human Rights Code

Requests for accommodation due to family status is becoming more common as societal norms continue to change. The leading case in Ontario that addresses the worker’s rights and the employer’s obligations on the ground of family status is arguably Devaney v. ZRV Holdings Limited.

 

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Employer liable under human rights for consultant’s discriminatory action

While many employers in Canada understand that they have obligations under human rights legislation, they likely do not appreciate that they can also be liable if a consultant contracted to provide services on their behalf engages in discriminatory action. This is what occurred in Ontario in the recent case of Reiss v CCH Canadian Limited, 2013 HRTO 764.

 

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Termination in haste cost the employer dearly

The Ontario Human Rights Tribunal just decided that an employer discriminated against an employee on the ground of disability when it terminated the employee five days before he had to have hip surgery. The employer had to pay $10,000 for injury to the terminated employee’s dignity, feelings and self-respect, plus interest.

 

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Tribunal awards $35,000 to fired pregnant employee

The Ontario Human Rights Tribunal recently awarded a woman $35,000 after her employer fired her when she revealed on her first day of work that she was four months pregnant. (The award covered $20,000 in lost wages and benefits, and $15,000 for injury to dignity, feelings and self-respect.) In addition to the damage award, given the overwhelming number of women working for the employer, the tribunal ordered the company to implement and distribute a written policy on the accommodation of pregnancy to ensure future compliance.

 

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