Ontario Human Rights Commission Policy

Ontario Human Rights Commission released updated policy on “preventing discrimination based on Creed”

March 17, 2016 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Training and Development, Union Relations

This past December the Ontario Human Rights Commission released a new and comprehensive 173 page Updated Policy on Preventing Discrimination based on Creed to replace its earlier Policy that was first published in 1996. The Commission stated that given the significant demographic changes in Ontario, it has been working on a new policy since 2012. The aim of the policy is to highlight how discrimination on the basis of Creed can be avoided in broader Ontario society which is increasingly more diverse.

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Is the appearance of ‘youth’ a bona fide occupational qualification?

March 28, 2014 Kevin Sambrano, Sambrano Legal Services Employee Relations, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

Kimberly Ouwroulis filed a Human Rights complaint alleging discrimination based on her age. The complaint was filed after she was terminated from her job as an exotic dancer at a strip club, allegedly, for being too old. As a highly publicized case, experts quickly asked the question whether or not age, for an exotic dancer, is a BFOQ?

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The expanding scope of employer liability under the Human Rights Code

February 28, 2014 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

The recent human rights decision of Morgan v. Herman Miller Canada Inc. examines the issue of employer liability under the Human Rights Code of Ontario. What happens when there are allegations of discrimination but no findings?

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Gender identity and gender expression in employment, Vanderputten v. Seydaco Packaging Corp.

January 31, 2014 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

On June 19, 2012 the Human Rights Code (Ontario) was amended adding two new protected grounds of discrimination, namely “gender identity” and “gender expression”. The first interpretation of these new grounds was examined in the Human Rights Tribunal decision in Vanderputten v. Seydaco Packaging Corp.

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