human rights legislation

Update on genetic discrimination provisions in human rights legislation

November 8, 2017 Christina Catenacci Employee Relations, Human Resources, Human Rights

Canada is on its way to including genetic discrimination provisions in its human rights legislation. Since March 2017, some interesting developments have occurred.

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New Brunswick’s Human Rights Act: Amendments proposed

April 5, 2017 Christina Catenacci Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Union Relations

On March 15, 2017, Bill 51, An Act to Amend the Human Rights Act, received first reading in the New Brunswick legislature, and second reading the next day. The goal of the changes is to modernize the legislation and increase its efficiency. Indeed, this has been the first extensive review of the legislation in 25 years. These changes come on the 50th anniversary of the Human Rights Act. The ultimate goal of the review was to evolve with society and ensure that values are protected. Bill 51 aims to do just this.

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Workplace partisan political arguments

March 7, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Corporate Immigration, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Privacy and Security, Union Relations

The U.S. 2016 presidential election and post-election are causing much debate, criticism and protest outside of America. Canadians have actively participated in public marches and protests in response to Trump’s comments and proposed policies, as well as the recent proposedU.S. ban on entry to that country from certain Muslim nations. In this context, employers are right to ask whether workplace partisan political arguments fit in the workplace.

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New parents, new responsibilities: Help for employers with post-parental leave concerns

September 30, 2016 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

A recent Globe and Mail article highlights the fears that new parents face as they contemplate returning to work after a parental leave. It also highlights the issues employers must address when those employees return to work. Since our employer clients often raise questions about post–leave matters, we would like to offer some helpful tips on this issue.

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Is the recent increased support for Pride reflected in current legislation affecting employment?

July 7, 2016 Christina Catenacci Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Training and Development

July 3, 2016 marked the first time a Canadian Prime Minister marched in Toronto’s Pride parade. But some may be wondering, ‘Do Canadian laws currently protect LGBT rights in the workplace, and have they kept up with the evolving climate of increased inclusion?’ The answer depends on the particular jurisdiction involved because the issue is addressed in human rights legislation across Canada.

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Three popular articles this week on HRinfodesk

July 7, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Privacy and Security, Source Deductions and Reporting, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: A case that addresses an employer’s improper deduction from its employee’s final paycheque; a FAQ that addresses an employee’s misuse of sick days; and a human rights case where an employee established disability based on miscarriage.

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Loose lips sink shifts?

July 4, 2016 Michele Glassford Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Privacy and Security, Recruiting and Hiring, Union Relations, Wages and Compensation

A recent online article reported that two seventeen-year-old employees were fired from a Kansas City pizza joint for talking about their pay rates. Both were new employees with the same experience, and the female employee discovered she was earning $0.25/hour less than her male co-worker. When she contacted her employer for an explanation, she was fired for discussing wages with a co-worker, as was the male co-worker. The employer advised that discussing pay was against employer policy, even though both employees stated that such policy was never disclosed to them.

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Mental health or physical disabilities that deal with the duty to accommodate

June 17, 2016 Rubin Thomlinson LLP Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Penalties and Fines, Standard for Employment, Standard for Information and Communications, Standard for the Built Environment, Union Relations

Mastering the ins and outs of the duty to accommodate under human rights legislation is hard. In fact, some would go so far as to say impossible. It’s no wonder this topic has floated to the top of the list of challenges faced by HR practitioners. I’ve given this some thought and come up with a number of rules that I feel should be followed in all cases.

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The duty to accommodate revisited: H.T. v. ES Holdings Inc. o/a Country Herbs

May 26, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

The duty to accommodate presents itself to employers in many forms. While the most common accommodation involves a disability, often there are other grounds for accommodation that an employer must address as illustrated in H.T. v. ES Holdings Inc. o/a Country Herbs.

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Accommodation of childcare

May 6, 2016 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights

In the following case, a breach of human rights legislation was found where the employer refused to allow the employee to have the summer off in order to look after her autistic child.

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Human Rights Tribunal finds miscarriage constitutes disability

April 27, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

A recent interim decision of the Ontario Human Rights Tribunal addressed whether a miscarriage could constitute a disability for the purposes of human rights legislation.

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The duty to accommodate: When is the point of undue hardship reached?

August 10, 2015 Alison J. Bird Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations

Under human rights legislation, employers have a duty to accommodate an employee’s needs related to a prohibited ground of discrimination to the point of undue hardship. It can often be difficult for employers and their legal counsel to assess when the point of undue hardship is reached.

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Recognizing obesity as a disability – Slippery slope or basic human dignity?

January 9, 2015 Michele Glassford Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Payroll, Pensions and Benefits, Standard for Customer Service, Standard for Employment, Union Relations, Wages and Compensation

On December 18, 2014, the European Court of Justice decided that while obesity, in itself, is not necessarily a disability, where obesity hinders a person’s ability to engage in “full and effective participation” in the workplace, it could warrant the protection of disability legislation. So what is the status of obesity as a disability in Canada?

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Constructive discrimination: The case of Tawney Meiorin

June 27, 2014 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Training and Development, Union Relations, Wages and Compensation

Constructive or adverse discrimination in employment occurs when rules or standards are established that do not discriminate at first glance, but have an adverse effect on persons whose rights are protected under human rights legislation. In such a case, the burden shifts to the employer to establish that such rules or standards are essential to the job, also known as bona fide occupational requirements (BFOR’s. British Columbia (Public Service Employee Relations Commission) v. BCGSEU is the leading case which addresses this issue. This seminal human rights case from the Supreme Court of Canada established a three-part test which has become the standard to evaluate constructive discrimination.

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Learn the latest! — Family status accommodation

May 7, 2014 Stringer LLP Conferences, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation

In most jurisdictions in Canada, human rights legislation prohibits discrimination on the basis of “family status.” Until recently, few cases were brought alleging discrimination under this branch. However, recent decisions across several jurisdictions have made it clear that employers must be attentive to this ground of discrimination or risk exposing themselves to significant liability.

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