First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

sex

Human Rights Tribunal finds miscarriage constitutes disability

A recent interim decision of the Ontario Human Rights Tribunal addressed whether a miscarriage could constitute a disability for the purposes of human rights legislation.

 

, , , , , , , , , , , , ,

The Human Rights Code and Res Judicata: G.G. v. […] Ontario Limited

Generally speaking, res judicata (Latin for “a thing adjudicated”) is the legal doctrine which prevents the same matter from being tried a second time once there has been a verdict or decision in regard to that matter. Under Ontario’s Human Rights Code, a criminal matter being decided in regard to a matter that contains a breach of the Human Rights Code does not necessarily prevent an applicant from filing at the Human Rights Tribunal of Ontario. This was the case in G.G. v. […] Ontario Limited.

 

, , , , , , , , , , , , , , , , , , ,

Poisoned work environment, discrimination, and undue hardship under the “Code”

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.

 

, , , , , , , , , , , , , , , , , , , , , , , , ,

The impact of human rights legislation on the interview process

Many H.R. Departments pride themselves on the skill with which they can interview prospective employees in order to assess their qualifications for the position being advertised, the fit of the employee with the organization, and the likelihood that the employee will stay with the organization for a reasonable period of time. What employers are often not cognizant of is the limitation imposed on this process by the provisions of various provincial and federal Human Rights statutes.

 

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Human Rights Tribunal barred from hearing application: no forum-shopping allowed

The Ontario Human Rights Tribunal recently examined an application before it and an earlier statement of claim made in court by the same person, and concluded that the claims were virtually identical. They were based on the same facts, made the same allegations and sought similar remedies…

 

, , , , , , , , , , , , , , , , ,

Women in the workplace Part I: are women preventing themselves from achieving power in the workplace?

The other day, I read an interesting article regarding an interview with the author of No Excuses: 9 Ways Women Can Change How We Think About Power. The author argues that it is actually women themselves who are preventing the achievement of female power in the workplace.

 

, , , , , , , , , , , , , ,

Breastfeeding at work

Across Canada, human rights legislation protects people from discrimination and harassment based on sex/gender; this protection includes pregnancy and breastfeeding. It is illegal to discriminate because a woman is pregnant. It is also illegal to discriminate because a woman was pregnant, had a baby or might become pregnant.

 

, , , , , , , , , , , ,