Author Archive - Andrew Lawson

Andrew Lawson is a human rights and health and safety trainer and advisor, currently consulting to both the federal and Ontario governments. Since 1996, he has conducted extensive legal research in the areas of human rights and occupational health and safety law. He has worked in the people management business for over 25 years. Read more

Responding to a human rights complaint

September 5, 2012 Andrew Lawson Human Resources, Human Rights

As an employer it is always possible that your organization will become involved in a human rights complaint— most likely as the respondent. Being the respondent means that a complaint has been filed against you, probably by an employee, former employee, customer or other member of the general public. You must respond in writing to the Human Rights Tribunal of Ontario (HRTO) within 35 days in order to preserve your legal rights.

discrimination, employment law, Human rights complaint, human rights complaint application, Human Rights Tribunal of Ontario, legal advice, legal rights, respondent

Ontario policy on competing human rights

August 8, 2012 Andrew Lawson Employee Relations, Human Resources, Human Rights

The Ontario Human Rights Commission has published a very useful “Policy on competing human rights.” I recommend that you take a few minutes and review the policy and include it in your workplace human rights policies and training curricula.

competing human rights, discrimination, duty to accommodate, employment law, Ontario human rights commission, Poliicy and procedures, violation of the legal rights of another party

What does the case of Trayvon Martin tell us about racism in Canada?

April 4, 2012 Andrew Lawson Human Resources, Human Rights

Racism has reared its ugly head as a result of the shooting death of Trayvon Martin several weeks ago in Sanford, Florida. This United States-style racism just does not exist in Canada, right?

George Zimmerman, racism, Sanford Florida, Trayvon Martin

Is the flu a disability?

March 27, 2012 Andrew Lawson Accessibility Standards, Employee Relations, Human Resources, Human Rights, Standard for Employment

Is the flu, etc., covered by human rights law and other Canadian legislation like Ontario’s Accessibility for Ontarians with Disabilities Act?

absenteeim, Accessibility for Ontarians with Disabilities Act, AODA, attendance, colds, colds and flu in the workplace, disabilities, Disability, employment law, flu, is the flu a disability, minor illness, Ontario Human Rights Code, person with disabilities, seasonal sickness, sickness

Opportunity or penalty? AODA vs. HRC

March 13, 2012 Andrew Lawson Accessibility Standards, Human Resources, Human Rights

I asked a skill testing question to which nobody responded! Nevertheless, I will answer the question here because I know you are busy and don’t always have the time to respond to my skill testing questions. The question is “How to comply with two laws at the same time?”

accessibility, Accessibility for Ontarians with Disabilities Act, Accessibility standards, AODA, Disability, discrimination, employment law, human rights code, ontario, policies and procedures, proactive approach, reactive approach, Standards for accessibility

Human rights and the Oscars

February 28, 2012 Andrew Lawson Human Resources, Human Rights

Something happened at the Academy Awards Sunday night that caught my eye and got me thinking about our current attitudes about equality and racism and human rights in general. I was supposed to write this week about the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act as per my last post. But the Oscars are much more interesting, don’t ya think?

Academy Awards, Accessibility for Ontarians with Disabilities Act, AODA, attitudes, civil rights, movies, Octavia Spencer, OHRC, Ontario Human Rights Code, Oscars, racial segregetaion, racism, separate but equal, The Help

How to comply with two laws at the same time

February 13, 2012 Andrew Lawson Accessibility Standards, Standard for Customer Service

Learning the little bit of information contained herein may very well prevent your organization from litigating a very expensive legal action.

Accessibility for Ontarians with Disabilities Act, AODA, compliance, OHRC, Ontario Human Rights Code

Accessibility compliance: is accommodation enough?

January 24, 2012 Andrew Lawson Accessibility Standards, Human Resources, Human Rights, Recruiting and Hiring, Standard for Customer Service

I am going to tell you a story that will test your knowledge of your current legal responsibilities under the Accessibility for Ontarians with Disabilities Act and the Ontario Human Rights Code. For those readers who pass the test, congratulations, you are providing all your customers with the respect they deserve and have sufficient knowledge to insulate your organization from legal liability. For those of you who don’t pass, well, we’ll give you another chance and point you in the direction of some helpful resources to help you get on track!

accessibility compliance, Accessibility for Ontarians with Disabilities Act, Accessibility Standards PolicyPro, accessible building, AODA, AODA seminar, ASPP, OHRC, Ontario Human Rights Code, wheelchair

Is training a wise investment?

January 9, 2012 Andrew Lawson Employee Relations, Human Resources, Human Rights, Training and Development

Valuable information can come from diverse sources. Consider this case I uncovered via the daily commuter newspaper: a female employee complained that a third-party service provider harassed her. The incident took place on the employer’s premises, but the alleged harasser was not employed directly by the employer. He was employed by the company that serviced the company’s office photocopiers…

harassment, harassment prevention policy, harassment training, human rights tribunal, sexual harassment, third parties, Wamsley v. Ed Green Blueprinting, workplace harassment, workplace harassment investigations

Reverse discrimination: is it just an attitude?

December 20, 2011 Andrew Lawson Employee Relations, Human Resources, Human Rights

Reverse discrimination is not a legal term but a socially constructed idea that describes a particular phenomenon; it is a side effect of employment equity programs, as they are called in Canada; “affirmative action” programs in the United States. Reverse discrimination in employment is perceived to have occurred when the majority (or a member of it) is denied an opportunity because the law forces an employer to hire a person from a minority group.

affirmative action, discrimination, employment equity programs, employment law, minority group, policies and procedures, policy, procedure and practices, reverse discrimination, the majority

What is reverse discrimination?

December 6, 2011 Andrew Lawson Human Resources, Human Rights

Two men are holding hands and occasionally kissing while waiting in line at a driver licensing office. A person waiting in line approaches the men calling them “fags” and telling them their behaviour is “disgusting”. The same person attempts to engage others waiting in the line to join in the demeaning discourse…

discrimination, employment law, harassment, Human rights complaint, obligation to intervene, poisoned work environment, responsibility to intervene, reverse discrimination, right to be free from discrimination

Do your managers and front line workers have accurate info about human rights issues?

November 22, 2011 Andrew Lawson Human Resources, Human Rights, Training and Development

Do your managers and front line workers have accurate facts about human rights issues? A number of conversations I have had with workers lately inform me that many people allow their emotions to overwhelm the facts. The misunderstandings that flow from this emotional response can lead to costly violations of the law for your organization.

belief system, costly violations of the law, discrimination, Education Act, emotional responses, employment law, front line workers, harassment prevention policy, individual beliefs, indoctrinate, Lord’s Prayer, managers, Muslim community, oath of citizenship, ontario, public schools, religion, religion-centered student meetings, religious groups, school boards, training, Varsity Christian Fellowship, workforce, workplace human rights policies

Clinging to past knowledge can be costly

November 8, 2011 Andrew Lawson Human Resources, Human Rights, Union Relations

Twice in the last month while conducting training sessions, I have had a workshop participant insist that their workers could NOT file a claim directly with the HRTO because the workers are members of a union. The workers must, they have insisted, file a grievance and settle their human rights claim via the labour relations process. A review of the law reveals the above is simply NOT the case.

Barker v. SEIU, discrimination, employment law, grievance, hrto, human rights code, knowledge, labour relations process, ontario, Ontario Human Rights Tribunal, racial discrimination, Rysinski v. Aecon Industrial, training

Does over-sensitivity lead to harassment? The preventive value of respect

October 11, 2011 Andrew Lawson Employee Relations, Health and Safety, Human Resources, Human Rights

“Excessive claims of workplace harassment are a sign that our society has become far too sensitive and it really needs to stop.” This is the message I received from workshop participants this week during a group discussion on the topic of the prevention of workplace harassment and discrimination. But is it true?

Bill 168, discrimination, employment law, harassment, harassment prevention, healthy workplaces, human rights code, illness, lost time, offensive speech, OHSA, Ontario Occupational Health and Safety Act, over-sensitive, respect, sexism, stress, workplace harassment, workplace violence

Can I be disciplined for off-duty behaviour?

September 27, 2011 Andrew Lawson Employee Relations, Human Resources, Human Rights

“I am at a party on my day off and a coworker hurls racial insults at me or makes sexual suggestive comments to me.” Am I protected by my employer’s harassment and discrimination policy? Likewise, if I am the one doing the hurling or suggestive commenting, am I subject to discipline under my employer’s policies?

Bill 168, canadian employment law, discrimination, Dismissal, employee discipline, employment law, harassment, HR issues, off-duty acts, off-duty conduct, off-duty hours, policies and procedures, policy manual, prevention workshops, terminations, workplace code of conduct, workplace harassment, wrongful dismissal