prohibited ground of discrimination
June 11, 2019 Piccolo Heath LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights,
When it comes to employers navigating human resource issues and relationships with their employees, the concept of equal versus identical is even more obvious. For employers, “equal” does not mean the individual employees are all the same, but that they be given the same opportunities.
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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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June 5, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations
Three popular articles this week on HRinfodesk deal with mandatory retirement; enforceability of releases; and an employer’s obligation to accommodate child care responsibilities.
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February 4, 2014 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Human Rights
Back in April 2013, we reported on a Human Rights Tribunal (the Tribunal) decision where a summary hearing was granted and an application was dismissed as having no reasonable prospect of success. A newly released decision involving a beauty pageant demonstrates the Tribunal’s increasing and welcomed use of the summary hearing mechanism. The case In […]
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November 21, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring
A recent private member’s bill introduced by a Liberal MPP in the Ontario legislature would add “genetic characteristics” as a prohibited ground of discrimination to the Ontario Human Rights Code. As currently drafted, “genetic characteristics” would be defined as “genetic traits of an individual, including traits that may cause or increase the risk to develop a disorder or disease”.
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September 4, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
I am fortunate in my practice to work with clients in different industries, ranging from healthcare and social services to traditional manufacturing. Although employment laws generally apply to all industries in much the same way, there are usually certain issues that some industries face more than others. This is true of many clients I assist in the retail industry.
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August 6, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development
In a recent case the Ontario Human Rights Tribunal found that a facebook posting about a co-worker’s Mexican heritage was prohibited workplace harassment under the Human Rights Code .
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May 29, 2013 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Union Relations, Wages and Compensation
Pregnant employees or those employees intending to become pregnant, enjoy significant protection under various provincial and federal statutes. This article will explore the protections provided by the Ontario Human Rights Code, Employment Standards Act, and the Employment Insurance Act.
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February 19, 2013 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights
Do employers have to accommodate the “childcare responsibilities” of their employees to the point of undue hardship? The Federal Court has confirmed that in the federal jurisdiction the answer is yes subject to the requirement that the childcare responsibility be a “substantial parental obligation”.
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July 5, 2012 Rudner Law, Employment / HR Law & Mediation Employee Relations, Human Resources, Human Rights, Union Relations
When mandatory retirement was eliminated, I noted that this change might create some interesting HR issues for employers of older workers. In the past, employers were often in a position to tolerate declining performance, comfortable in the knowledge that the employment relationship had a fixed “end date.” As a result, they could allow the employee to work out their last few years and retire with dignity.
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August 17, 2010 Earl Altman Employment/Labour Standards, Human Resources, Human Rights
In a decision released on July 19, 2010, the Human Rights Tribunal of Ontario held that an employee who was fired because she was pregnant had been discriminated against on a prohibited ground…
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Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
Facebook posting about co-worker = workplace harassment
August 6, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development
In a recent case the Ontario Human Rights Tribunal found that a facebook posting about a co-worker’s Mexican heritage was prohibited workplace harassment under the Human Rights Code .
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