Human Rights code of Ontario

Food for thought: do employers need to accommodate ethical veganism in the workplace?

January 17, 2020 Vey Willetts LLP Employee Relations, Human Resources, Human Rights, 0

While the Ontario Human Rights Code has been interpreted in a liberal manner, there are situations where employees will experience workplace discrimination that falls beyond its scope. One area where it remains unclear to what extent the Code will apply, however, is with respect to vegan employees.

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Maternity and parental leave policies: To top up, or to tap out? That is the question…

September 17, 2019 Piccolo Heath LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, 0

New York-based bank JP Morgan Chase has recently been getting a lot of attention in the media after paying a hefty 5 million dollars to settle charges that their parental leave policy was discriminatory towards their male employees. It is believed that the settlement will impact up to 5,000 fathers who were denied parental leave benefits.

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Can an employee “sign away” their human rights?: Brown v. Prime Communications Canada Inc.

July 27, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights

The question of “can an employee “sign away” their human rights?” became relevant in a recent case. After signing a release with her employer, the Applicant filed an application with the Human Rights Tribunal of Ontario alleging discrimination with respect to employment because of sex contrary to the Human Rights Code.

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To defer or not to defer a human rights application: What are the relevant questions?

June 22, 2016 Kevin Sambrano, Sambrano Legal Services Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Standard for Employment

Where the Human Rights Tribunal of Ontario finds there is a separate proceeding that may involve similar facts, the Tribunal has discretion to defer consideration of an application until the proceeding has been completed. Such was the question, whether or not to defer the application in the recent interim order in West v.Yogen Fruz Canada Inc.

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Maciel vs. Fashion Coiffures: pregnancy and employer’s continued obligation under the “Code”

March 30, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

The applicant alleged that she was terminated when on her first day of work she disclosed to her manager, Ms. Cinzia Conforti, that she was pregnant. In contrast, the respondents attributed her termination to the applicant’s alleged request to work part-time, although she had been newly hired for a full-time position.

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Sex based discrimination and poisoned work environment

February 24, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, Union Relations, Wages and Compensation

Does an employee have to be “sexually” harassed in order for there to be a breach of the Human Rights Code? This issue was determined in a recent decision from the Human Rights Tribunal of Ontario.

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Tribunal orders pharmacy to pay $8,000 as a result of racial profiling

November 25, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights

Under section 46.3 (1) of Ontario’s Human Rights Code, an employer may be vicariously liable for the discriminatory acts of their employees. Such was the case in the recent Human Rights Tribunal decision.

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