prohibited grounds of discrimination

5 questions to consider when exploring the duty to accommodate

August 14, 2019 Occasional Contributors Employee Relations, Human Resources, Human Rights, 0

Canadian human rights law also imposes a duty to accommodate. This requires employers to ensure that persons with characteristics protected under the Code are not unfairly excluded where working conditions can be adjusted.

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Employer reminder: Summary hearing tool at the Human Rights Tribunal for allegations of bullying and harassment

June 21, 2019 Jeff Dutton, Dutton Employment Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, 0

An “Order for a Summary Hearing” is an employer’s tool to seek early dismissal of the Application on the basis that ‘there is no reasonable prospect that the Application will succeed’ at a full hearing. Hence, it should be dispensed quickly and efficiently.

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Four proposed prohibited grounds of discrimination

November 5, 2018 Christina Catenacci Employee Relations, Human Resources, Human Rights

On September 26, 2018, a private member’s Bill 35, Human Rights Code Amendment Act, 2018 was introduced and received first reading in the Ontario legislature. The goal of Bill 35 is to add immigration status, genetic characteristics, police records, and social condition as prohibited grounds of discrimination in Ontario’s Human Rights Code.

employment law, Genetic characteristics, immigration status, Ontario Human Rights Code, police records, prohibited grounds of discrimination, social condition

Three popular articles this week on HRinfodesk

October 18, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits

The three popular articles this week on HRinfodesk deal with new prohibited grounds of discrimination, the Canada Pension Plan and employment and labour standards.

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There’s a tidal shift happening in human rights – Part II are employers ready for Bill 164?

August 20, 2018 Piccolo Heath LLP Employee Relations, Human Resources, Human Rights

Bill 164 aims to expand the current protection offered by the Ontario Human Rights Code in relation to citizenship, race and place of origin to add immigration status, which will essentially eliminate an employer’s ability to discriminate on the basis of how long someone has been in the country.

Bill 164, citizenship discrimination, employment law, Genetic characteristics, immigration status, policy record, prohibited grounds of discrimination, social condition

$200,000 awarded by the HRTO for sexual harassment and assault of vulnerable employee

May 4, 2018 Rudner Law, Employment / HR Law & Mediation Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

Employers would be well-advised to implement strong anti-discrimination, harassment and workplace violence policies which include provisions regarding processes, investigations and training.

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Workplace investigation alert: BC case shows how employers should NOT handle workplace harassment

April 25, 2018 Rubin Thomlinson LLP Human Resources, Human Rights, Penalties and Fines

A recent case from British Columbia, Wells v. Langley Senior Resources Society, is a useful example of how an employer should not handle workplace harassment.

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The Supreme Court of Canada interprets workplace discrimination broadly

April 4, 2018 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Human Rights

In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, the Supreme Court of Canada considered the scope of section 13(1) of BC’s Human Rights Code, which concerns discrimination “regarding employment or any term or condition of employment.”

discrimination, employment law, harassment, place of origin, prohibited grounds of discrimination, religion, sexual orientation, Workplace discrimination

Discrimination or accommodation?

February 5, 2018 Michele Glassford Human Resources, Human Rights, Recruiting and Hiring

Accessibility legislation in Ontario requires employers to communicate with employees and the public about the availability of accommodation for job applicants with disabilities in both the recruitment process and when making job offers. There is no duty to pro-actively identify an employee’s or candidate’s disability.

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Three popular articles this week on HRinfodesk

October 19, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Wages and Compensation

The three popular articles this week on HRinfodesk deal with four new prohibited grounds of discrimination, the Suncor employee drug testing fight and 2018 salary projections.

2018 salary increase projection, alcohol and drugs, discrimination, drug testing, employment law, litigation, prohibited grounds of discrimination, wages

Adding new prohibited grounds in Ontario Human Rights Code

October 12, 2017 Yosie Saint-Cyr, LL.B. Managing Editor HR Policies and Procedures, Human Resources, Human Rights

Private member’s Bill 164, Human Rights Code Amendment Act, 2017, introduced on October 4, 2017 in the Ontario Legislature would amend the Ontario Human Rights Code (Code) to include four new prohibited grounds of discrimination including, social condition, police records, genetic characteristics and immigration status.

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Tips for recruiting online

October 11, 2017 Lisa Stam, Spring Law Accessibility Standards, Employee Relations, Employment/Labour Standards, HR and Technology, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring, Standard for Employment

While it may be tempting to view the web as a wild west free-for-all, it is important to remember that the law still very much applies.

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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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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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