It would appear that there is an increasing willingness on the part of the HRTO to grant significant monetary awards to discriminated employees.
I predict a recent Ontario Court of Appeal decision will have a significant impact on human rights litigation. In particular, I suspect disabled employees will start asking employers to find or create alternative positions for them if they cannot perform their job duties because of a disability, and terminated employees will start asking adjudicators to reinstate them with full back pay.
Often employers are unaware of the pitfalls of becoming embroiled in a Human Rights application. Employers are sometimes shocked to find that the Tribunal’s powers not only lay in monetary awards, but also in non-monetary, as well as future compliance or public interest remedies. If an employer is found to have breached the Code, below are just some examples of such powers and remedies which the Tribunal may order.