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Morgan v. Herman Miller Canada Inc

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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OHRT orders $70,000 in damages against employer for reprisal termination even though complaints of discrimination lacked merit

The Ontario Human Rights Tribunal (“OHRT”) recently examined the law of “reprisal terminations” in the decision of Morgan v. Herman Miller Canada Inc. In this case, the employee made a number of allegations of discrimination based on race and said that the employer terminated his employment rather than properly investigate his concerns. Although the OHRT dismissed most of the allegations of discrimination on the basis of race, it did find that the employer should have conducted an investigation prior to the employee’s termination.

 

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