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Workplace discrimination

Medical documentation request after employee illness

Is an employer’s request for medical documentation after an employee’s illness in keeping with the Human Rights Code (“Code”)? The following case examines whether or not it is a breach of the Code for an employer to request medical documentation as a condition of returning an employee to work.

 

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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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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with:An Ontario human rights case where an employee’s dismissal by her employer for having lied about when she found out about her pregnancy was ruled to be non-discriminatory; a decision that clarifies that the duty to mitigate does not apply when an employer terminates a fixed-term employment contract before its end date; and an FAQ that looks at an employee who is looking for accommodation to care for their child because they cannot afford daycare.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with how a probation period is an opportunity to demonstrate skills, an employer’s failure to prevent workplace harassment. and a Human Rights Tribunal decision to reinstate a terminated employee after the employer failed to accommodate.

 

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Human rights and history

During my training workshops on workplace discrimination, harassment and violence participants often express interest in the topic of “political correctness.”

 

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Women in the workplace Part II: why is Canada lagging in wage gap ranking?

I have been reading some interesting articles recently regarding women in the workplace. A recent report put Canada at number 20 in a global measure of equality between men and women. Canada was actually rated number 33 in the world concerning earned income gaps. Why is this still happening?

 

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Social media presenting new challenges and opportunities for people in HR

It is becoming more and more common to hear of employers “googling” prospective employees. Where a prospective employee has a significant presence on the Internet through social media, the employer may become privy to a number of facts about the prospective employee that he or she may not have known previously.

 

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