Friday, January 13th, 2012
I read a case recently that clearly illustrates why employers should ensure that interview questions are related to the actual job responsibilities required for a job, and to remember to make and keep for a reasonable period of time interview notes that include the reasons for hiring (and not hiring) candidates.
Read the rest of this post »Tuesday, November 8th, 2011
Twice in the last month while conducting training sessions, I have had a workshop participant insist that their workers could NOT file a claim directly with the HRTO because the workers are members of a union. The workers must, they have insisted, file a grievance and settle their human rights claim via the labour relations process. A review of the law reveals the above is simply NOT the case.
Read the rest of this post »Tuesday, October 4th, 2011
Although it was clearly discriminatory on the prohibited ground of disability, the Ontario Human Rights Tribunal recently found it could not allow an applicant to smoke his medical marijuana in liquor-licensed establishments. This discrimination could be justified because…
Read the rest of this post »Thursday, July 7th, 2011
As most of us are aware, the Human Rights Code prohibits discrimination in the context of employment, and applies both during the employment relationship and in the hiring process. Most of us would take it as a given that you cannot make hiring decisions based upon grounds such as race, religion, gender, or disability. However, it is not quite as widely understood that the duty to accommodate an individual applies even to those who are not yet employees.
Read the rest of this post »Tuesday, May 10th, 2011
Occupational health and safety law and human rights law both prohibit reprisals, threats and intimidation against a person for exercising their rights. Employers can be liable for stiff financial penalties for permitting this unacceptable behaviour…
Read the rest of this post »Wednesday, April 27th, 2011
While learning about the Accessibility for Ontarians with Disabilities Act (AODA), organizations should be aware of the legal limitations of the Act in relation to the Ontario Human Rights Code. Many people are unaware that the Code takes precedent.
Read the rest of this post »Friday, February 11th, 2011
A recent Ontario Human Rights Tribunal case offers a clear message to employees: you have to make your employer aware of a disability if you want to trigger the employer’s duty to accommodate.
Read the rest of this post »Tuesday, November 16th, 2010
Employers are often faced with the prospect of dealing with an employee who is required to be absent from work for an extended period of time due to an illness. Employers must tread a fine line in determining when the employee is able to return to work and on what basis.
Read the rest of this post »Wednesday, November 11th, 2009
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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Leslie D Foreman:Andrew Taillon:
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