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prohibited grounds of discrimination

There’s a tidal shift happening in human rights – Part II are employers ready for Bill 164?

Bill 164 aims to expand the current protection offered by the Ontario Human Rights Code in relation to citizenship, race and place of origin to add immigration status, which will essentially eliminate an employer’s ability to discriminate on the basis of how long someone has been in the country.

 

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$200,000 awarded by the HRTO for sexual harassment and assault of vulnerable employee

Employers would be well-advised to implement strong anti-discrimination, harassment and workplace violence policies which include provisions regarding processes, investigations and training.

 

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Workplace investigation alert: BC case shows how employers should NOT handle workplace harassment

A recent case from British Columbia, Wells v. Langley Senior Resources Society, is a useful example of how an employer should not handle workplace harassment.

 

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The Supreme Court of Canada interprets workplace discrimination broadly

In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, the Supreme Court of Canada considered the scope of section 13(1) of BC’s Human Rights Code, which concerns discrimination “regarding employment or any term or condition of employment.”

 

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Discrimination or accommodation?

Accessibility legislation in Ontario requires employers to communicate with employees and the public about the availability of accommodation for job applicants with disabilities in both the recruitment process and when making job offers. There is no duty to pro-actively identify an employee’s or candidate’s disability.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with four new prohibited grounds of discrimination, the Suncor employee drug testing fight and 2018 salary projections.

 

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Adding new prohibited grounds in Ontario Human Rights Code

Private member’s Bill 164, Human Rights Code Amendment Act, 2017, introduced on October 4, 2017 in the Ontario Legislature would amend the Ontario Human Rights Code (Code) to include four new prohibited grounds of discrimination including, social condition, police records, genetic characteristics and immigration status.

 

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Tips for recruiting online

While it may be tempting to view the web as a wild west free-for-all, it is important to remember that the law still very much applies.

 

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New Brunswick’s Human Rights Act: Amendments proposed

On March 15, 2017, Bill 51, An Act to Amend the Human Rights Act, received first reading in the New Brunswick legislature, and second reading the next day. The goal of the changes is to modernize the legislation and increase its efficiency. Indeed, this has been the first extensive review of the legislation in 25 years. These changes come on the 50th anniversary of the Human Rights Act. The ultimate goal of the review was to evolve with society and ensure that values are protected. Bill 51 aims to do just this.

 

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Workplace partisan political arguments

workplace partisan political arguments

The U.S. 2016 presidential election and post-election are causing much debate, criticism and protest outside of America. Canadians have actively participated in public marches and protests in response to Trump’s comments and proposed policies, as well as the recent proposedU.S. ban on entry to that country from certain Muslim nations. In this context, employers are right to ask whether workplace partisan political arguments fit in the workplace.

 

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Maciel vs. Fashion Coiffures: pregnancy and employer’s continued obligation under the “Code”

Rule of law

The applicant alleged that she was terminated when on her first day of work she disclosed to her manager, Ms. Cinzia Conforti, that she was pregnant. In contrast, the respondents attributed her termination to the applicant’s alleged request to work part-time, although she had been newly hired for a full-time position.

 

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Ontario Human Rights Commission released updated policy on “preventing discrimination based on Creed”

This past December the Ontario Human Rights Commission released a new and comprehensive 173 page Updated Policy on Preventing Discrimination based on Creed to replace its earlier Policy that was first published in 1996. The Commission stated that given the significant demographic changes in Ontario, it has been working on a new policy since 2012. The aim of the policy is to highlight how discrimination on the basis of Creed can be avoided in broader Ontario society which is increasingly more diverse.

 

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Sex based discrimination and poisoned work environment

Does an employee have to be “sexually” harassed in order for there to be a breach of the Human Rights Code? This issue was determined in a recent decision from the Human Rights Tribunal of Ontario.

 

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Family status under the Code: Recent developments

The seminal cases dealing with discrimination based on family status more often than not address the issue of caregiving. In the recent case, Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, the Tribunal demonstrates that discrimination based on family status is not restricted to caregiving.

 

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No “give and take” required by employee in accommodation under the Human Rights Code

The applicant, Michele Macan, filed a human rights application alleging discrimination with respect to employment due to disability. The respondent, Stongco Limited Partnership, rejected the allegations, instead submitting that the applicant’s disability was “not a reason, a factor, or even considered in its decision to terminate the applicant”.[1] The respondent alleged that her termination was […]

 

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