race
September 10, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights,
In the matter of Puniani v. Rakesh Majithia CA Professional Corporation, after being terminated from her employment, the applicant filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination based on sex. The respondents denied any such claims and alleging the reason for the applicant’s termination was related to job performance.
age, ancestry, burden of proof, Citizenship, Code, code-breach, colour, creed, Disability, discrimination, duty to accommodate, employment law, employment law hrto, ethnic origin, evidence, family status, gender expression, gender identity, human rights code, human rights paralegal, Human Rights Tribunal of Ontario, interim orders, Kevin Sambrano, marital status, maternity leave, obligation under the Code, Ontario Human Rights Tribunal, place of origin, pregnancy, prima facie, Puniani v. Rakesh Majithia, race, record of offences, Sambrano Legal Services, sex, sexual orientation
July 26, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation
The Ontario Human Rights Code is extensive in its efforts to protect persons within Ontario, and may apply to minors in the workforce. Regardless of the age of the employee, chances are they are covered by the “Code,” and their rights may be enforced if not by the employee, then by a litigation guardian. Age as well as the other protected grounds, is not an excuse or invitation for abuse.
ancestry and racial harassment, discriminatory treatment, employment law, ethnic origins, human rights code, injury to dignity, Kevin Sambrano, Litigation guardian, poisoned work environment, race, sexual harassment, the Code
May 24, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights
Brooks v. Total Credit Recovery Limited, a decision from the Human Rights Tribunal of Ontario examined words, their etymology, and their impact in the workplace.
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May 13, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation
When a respondent is first made aware that a Human Rights application has been filed against them, often their first response is to deny any accusations and to request a summary hearing in hopes of disposing of the matter at the outset. While such hearings may be requested, it does not always work to the advantage of the respondent. Such was the case in the recent Interim Decision of Lomotey v. Kitchener Waterloo Multicultural Centre.
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January 29, 2016 Christopher Lytle MA CDS Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Standard for Customer Service, Standard for Employment, Standard for Information and Communications, Standard for the Built Environment, Standard for Transportation
Only recently has the subject of white privilege come under scrutiny. White privilege has informed government, policy, relationships, youth, old age, trajectories of state bodies and even points in geo-political history. Like racial narratives, constructs that reproduce normality have allowed the concept of being able bodied to be viewed as positive and disability as negative.
able bodied, communication, consumerism and individual interactions, Disability, discrimination, geo-political history, person with a disability, race, race and racial identity, racial identification, social construct, social privilege, white privilege
August 26, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll
While more often than not the Human Rights Tribunal of Ontario’s decisions are not challenged, there are two processes by which this can be done.
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June 22, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development
A recent Ontario Human Rights case further underscores the employer’s ongoing duty to accommodate to the point of undue hardship, and that Code based harassment or discrimination constitutes a breach under the Human Rights Code of Ontario.
2252466 Ontario Inc. o/a The Ground Guys, age, ancestry, British Columbia (Public Service Employee Relations Commission) v. BCGSEU, colour, Disability, discrimination, duty to accommodate, employment law, harassment, human rights remedies, human rights training, injury to dignity, injury to feelings and self-respect, Kevin Sambrano human Rights, lost income, monetary awards, Ontario Human Rights Tribunal, poisoned work environment, prohibited grounds of discrimination, race, Sambrano Legal Services, sex, sexual orientation, termination, the Human Rights Code
August 13, 2013 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights
In a recent decision, General Motors of Canada Limited v. Johnson, the Ontario Court of Appeal provided clarity on an employee’s burden of proof when alleging constructive dismissal based on a poisoned work environment.
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August 6, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development
In a recent case the Ontario Human Rights Tribunal found that a facebook posting about a co-worker’s Mexican heritage was prohibited workplace harassment under the Human Rights Code .
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July 16, 2013 Simon Heath, BA, MIR, LLB, Heath Law Corporate Immigration, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Recruiting and Hiring, Training and Development
On July 15, 2013, the Ontario Human Rights Commission (“OHRC”) released its Policy on Removing the “Canadian Experience” Barrier (the “Policy”) barrier. The purpose of the Policy is to address the fact that new immigrants, with university educations and/or work experience, are denied opportunities for jobs or career advancement because they lack “Canadian Experience” (i.e. Canadian based work experience) and their foreign educational qualification or work experience are not recognized.
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February 14, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Human Rights
The three most viewed articles on HRinfodesk this week deal with an employer’s dress code, if a criminal conviction can be viewed as a disability and how guetto comments in the workplace can be construed as discriminatory.
canadian charter of rights and freedoms, Criminal convictions, criminal offence, Disability, discrimination, dress and appearance codes, dress code, duty to accommodate, ethnicity, Ghetto comments, offensive comments, Ontario Human Rights Tribunal, outfit was too casual for the workplace, policies and procedures, race, racism, Tatoos, termination
November 27, 2012 Occasional Contributors Employee Relations, HR Analytics, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation
We like to think we are all fair and objective. However, implicit bias is apparent in everyone, regardless of if you accept it or not. An Implicit Association Test by Project Implicit at Harvard Universityreminds us that while people don’t often speak their minds, we might actually not even know our minds. Are we purposely hiding something from others, or are we implicitly hiding something from ourselves? When it comes to strategic recruitment, implicit bias plays a big role. There have been countless implicit bias studies done in the field of recruitment and human resource development. Let’s take a look at a few standouts.
and Meritocracy in Organizational Careers, biases, classifications differentiate individuals and groups, compensation, Disability, disabled, discrimination, diversity, Equal Opportunity Employer, fictitious resumes, gender, Harvard University, Implicit Association Test, implicit bias, job postings, labour market study, language, merit-based reward, perception of race, race, recruitment and human resource development, strategic recruitment, workplace studies
July 19, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Human Resources, Human Rights
Gender identity and access to women’s washroom facilities Would it be discriminatory to prohibit a pre-operative, male-to-female transsexual from entering a women’s washroom? The answer should be of interest to any employer or business offering services or accommodation to the public. (In PDF) Performance review must take into consideration a person’s disability An employer discriminated […]
consideration, Disability, duty to accommodate, employment law, gender identity, human rights complaints, National origin, performance review, race, termination, transgendered, transsexual
July 7, 2011 Stuart Rudner, Rudner Law Human Resources, Human Rights, Recruiting and Hiring
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.
alcohol and drug testing, Disability, discrimination, discrimination based upon protected grounds in the hiring process, DM v. Toronto District School Board, duty to accommodate, duty to accommodate applicants, employment law, employment relationship, failed to accommodate, gender, hiring decisions, hiring process, human rights code, human rights legislation, learning disability, Ontario Human Rights Tribunal, pre-employment testing, race, religion
September 23, 2010 Adam Gorley Employee Relations, Human Resources, Human Rights
Workplace diversity efforts often focus on employees’ gender, race and ability. The Canadian Institute of Chartered Accountants wants to broaden employers’ horizons and help them see the larger picture of diversity. “The concept of diversity encompasses factors including age, culture, personality, skill, training, educational background and life experience. The influence of a variety of perspectives and viewpoints can contribute to flexibility and creativity within organizations, which can help them thrive in a complex and competitive global economy.”
Is she suggesting organizations hire unskilled and inexperienced workers with poor personalities? Probably not.
accommodation, business case for workplace diversity, CICA, corporate governance, Disability, discrimination, diversity, Diversity Briefing: Questions for Directors to Ask, duty to accommodate, Fiona Macfarlane, gender, innovation, race, racial diversity, racism, risk management, strategic planning, succession planning, The Canadian Institute of Chartered Accountants
Hi Jim! That scenario sounds a little less than hypothetical. Bankruptcy/CCAA proceedings are tricky. I'd recommend discussing it in person with counsel who has experience... – Sep 28, 12:14 PM
How would this play out in a mass layoff on only a few days notice, that subsequently became termination. No notice or severance was paid... – Sep 24, 6:41 PM
Facebook posting about co-worker = workplace harassment
August 6, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development
In a recent case the Ontario Human Rights Tribunal found that a facebook posting about a co-worker’s Mexican heritage was prohibited workplace harassment under the Human Rights Code .
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