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Ontario Human Rights Code

No procedural duty to accommodate

The Federal Court of Appeal recently ruled in Canada Human Rights Commission v Attorney General of Canada and Bronwyn Cruden, that employers do not have a separate procedural duty to accommodate employees and any procedural inadequacy throughout the accommodation process is not critical where the employer’s actions do not constitute discrimination.

 

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Strep throat not deemed a disability under the Ontario Human Rights Code

The Ontario Human Rights Tribunal recently dismissed a complaint alleging discrimination made by an examiner when her contract with the College of Massage Therapists of Ontario was cancelled. Her contract was cancelled because she was unable to attend a two-day mandatory training session as she had strep throat.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with AODA January 1, 2015 compliance deadline; consequences of competing with employer on the side; and, obligation to protect employee from third party harassment.

 

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Cost orders under the Ontario Human Rights Code?

A common complaint we hear from employers who are engaged in proceedings before the Human Rights Tribunal of Ontario (Tribunal) is that regardless of the merits of the complaint, or the end result, the employer is burdened with the legal costs of successfully defending a complaint.

 

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‘Genetic characteristics’ as a prohibited ground of discrimination in Ontario?

A recent private member’s bill introduced by a Liberal MPP in the Ontario legislature would add “genetic characteristics” as a prohibited ground of discrimination to the Ontario Human Rights Code. As currently drafted, “genetic characteristics” would be defined as “genetic traits of an individual, including traits that may cause or increase the risk to develop a disorder or disease”.

 

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New development in Christian Horizons discrimination case

When a support worker at an evangelical Christian organization that runs homes for persons with developmental disabilities entered a same-sex relationship, the organization found the worker had breached its “Lifestyle and Morality Statement,” which prohibited homosexual relationships. The organization, Christian Horizons, eventually terminated the employee on that ground, and the worker complained of discrimination to the Ontario Human Rights Tribunal.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with how a probation period is an opportunity to demonstrate skills, an employer’s failure to prevent workplace harassment. and a Human Rights Tribunal decision to reinstate a terminated employee after the employer failed to accommodate.

 

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The legality of unpaid internships in Ontario

young people holding up letters to spell "internships"

We’re pleased to present lawyer Andrew Langille of Youth and Work on what the law in Ontario says about unpaid internships. Here, Andrew focuses on the impact of unpaid internships on interns themselves, but organizations and businesses that use or hope to use unpaid interns must pay attention. It is crucial to know whether your intern is legally an intern (and therefore not subject to Ontario’s Employment Standards Act), or actually an employee. And the answer might surprise you.

 

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The enforceability of termination provisions within contracts of employment

contract

The employment relationship is a contractual one whether or not a contract of employment was signed. Contracts can be express or implied contracts, i.e., you agree to work and I agree to pay you. Verbal bargains are nearly always upheld as long as those implied contracts are governed by particular employment standards and obligations established by the common law.

 

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Is the flu a disability?

Is the flu, etc., covered by human rights law and other Canadian legislation like Ontario’s Accessibility for Ontarians with Disabilities Act?

 

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When statutory holidays are also religious holidays

Every year we get comments from subscribers around the Christmas and Good Friday holidays about why Canada still uses these Christian religious holidays as statutory (public) holidays when they are trying to promote an image of multiculturalism. I am anticipating the same comments as Good Friday approaches…

 

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Human rights and the Oscars

Something happened at the Academy Awards Sunday night that caught my eye and got me thinking about our current attitudes about equality and racism and human rights in general. I was supposed to write this week about the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act as per my last post. But the Oscars are much more interesting, don’t ya think?

 

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How to comply with two laws at the same time

Learning the little bit of information contained herein may very well prevent your organization from litigating a very expensive legal action.

 

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Human Rights Tribunal barred from hearing application: no forum-shopping allowed

The Ontario Human Rights Tribunal recently examined an application before it and an earlier statement of claim made in court by the same person, and concluded that the claims were virtually identical. They were based on the same facts, made the same allegations and sought similar remedies…

 

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Accessibility compliance: is accommodation enough?

I am going to tell you a story that will test your knowledge of your current legal responsibilities under the Accessibility for Ontarians with Disabilities Act and the Ontario Human Rights Code. For those readers who pass the test, congratulations, you are providing all your customers with the respect they deserve and have sufficient knowledge to insulate your organization from legal liability. For those of you who don’t pass, well, we’ll give you another chance and point you in the direction of some helpful resources to help you get on track!

 

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