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prima facie case of discrimination

Pregnant employee awarded damages in discrimination claim

In a recent matter heard before the Human Rights Tribunal of Alberta (the Tribunal), it was decided that an employer discriminated against its employee in the course of her employment, on the ground of gender, in both sexual harassment and pregnancy. Such action is contrary to the Alberta Human Rights Act. In coming to its conclusion, the Tribunal had to address whether the employee had established a prima facie case of discrimination. If so, did the employer have a defence to the discrimination?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: employers’ expanded obligations with respect to workplace harassment under Ontario’s Occupational Health and Safety Act; a pregnant employee who was awarded damages in discrimination claim; and the Ontario Ministry of Labour’s new Code of Practice for workplace harassment.

 

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Employee unable to show dismissal was discriminatory

The British Columbia Human Rights Tribunal recently denied an employee’s complaint alleging that his employer discriminated against him on the basis of a physical disability. The Tribunal denied the employee’s complaint because there was no link between the employee’s alleged chronic pain and his use of marijuana.

 

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FAQ: Family status and child care difficulties #learnthelatest

At the June 2, 2016, Ontario Employment Law Conference, during the Q&A session, we received numerous questions on topics covered at the conference but could not address them all. From time to time, till the next conference, we will be posting and answering some of these questions on the blog.

 

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Accommodation of childcare

In the following case, a breach of human rights legislation was found where the employer refused to allow the employee to have the summer off in order to look after her autistic child.

 

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