discrimination on the basis of disability

Is that porn discriminatory? Closed captioning and human rights

January 22, 2020 Devan Marr Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, 0

While the facts of the case in this article might be funny to some, it is an important reminder for employers in Ontario who provide services to the public. Provincially regulated businesses are subject to the Ontario Human Rights Code.

Americans with Disabilities Act, closed captioning, discrimination on the basis of disability, employment law, Ontario Human Rights Code, risk management

Can my employer dismiss me due to my unseen disability?

October 28, 2019 Devry Smith Frank LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, 0

Employers should investigate further before immediately dismissing employees for violating workplace drug and alcohol policies. An employee’s diagnosis of substance dependence would be considered a disability, which is a protected ground under the Canadian Human Rights Act (CHRA) for federally regulated employers.

alcohol use disorder, disability accommodation, disability–based discrimination, discrimination based on disability, discrimination on the basis of disability, employment of persons with disabilities

OHRT rules the “flu” is not a “disability” attracting the protection of the Human Rights Code

February 14, 2014 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

As an employment law practitioner, it is refreshing to see any court and/or administrative tribunal release a decision that makes “common sense” (as well as legal sense). Recently, the Ontario Human Rights Tribunal had to determine if the common flu and strep throat constituted disabilities under the Human Rights Code .

common flu, disabilities, Disability, disability management, discrimination, discrimination on the basis of disability, duty to accommodate, employment law, flu is not a disability, human rights code, illness, not every illness will constitute a disability, Ontario Human Rights Tribunal, short term common ailments, sick days, sick leave, sick leave policy, sicknesses, strep throat

Most-viewed articles this week on HRinfodesk

March 7, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Privacy and Security, Union Relations

The three most viewed articles on HRinfodesk this week deal with whether an employer had the right to terminate an employee’s employment without notice , how a government employee alleged discrimination on the basis of disability and the Ontario Labour Relations Board’s decision permitting the use of telematic devices to monitor company vehicles.

Alberta Employment Standards, breach of employment contract, discrimination, discrimination on the basis of disability, duty to accommodate, egregious conduct, employee terminated improperly without notice, employee termination, Employer monitoring, employment contract, employment law, Human rights grievance, legitimate business reasons, Ontario Labour Relations Board, right to privacy, telematics devices, termination, termination without notice, terminations, use of company vehicles, working hours, workplace accommodation, workplace investigation, workplace surveillance

Human Rights Tribunal scrutinizes medical note in allegation of discrimination on the basis of disability

August 28, 2012 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Human Resources, Human Rights

Human Resources practitioners are constantly confronted with medical notes from employees that do not provide any meaningful medical information (i.e. Bob is off work for 2 weeks because he is under doctor’s care). In addition, some employees who are disciplined or terminated after submitting these less than informative medical notes will file human rights complaints alleging discrimination in employment on the basis of a disability. Recently, the Ontario Human Rights Tribunal (“Tribunal”) had a chance to comment on these all too common issues…

budgetary reasons, Disability, Disclosing medical information, discrimination, discrimination on the basis of disability, duty to accommodate, employee discipline, employment law, human rights code, Human rights complaint, human rights tribunal, medical notes, poor performance, Shearer v. The Royal Canadian Legion, stress, termination