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.
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.
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.
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.
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.
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.
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 […]
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.
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.
You have a legal obligation to understand how the race, religion and sexual orientation of your employees can impact their safety at work. Understanding these factors will empower you to take steps to protect your workers from harassment and violence as required by the recent amendments to Ontario’s Occupational Health and Safety Act (Bill 168).