sexual orientation

No skirting around the issue: Gender identity and sexual orientation discrimination appear to be on the rise

December 7, 2018 Rudner Law, Employment / HR Law & Mediation Employee Relations, HR and Technology, Human Resources, Human Rights, Training and Development

Employers who fail to take action when there are complaints of unlawful discrimination in the workplace are exposing themselves to serious potential liability, both from a financial and a reputational perspective.

discrimination, employment law, gender expression, gender identity, LGBTQ+ rights, protected grounds of discrimination, sexual orientation

Lack of evidence works against employer at the HRTO

September 10, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

In the matter of Puniani v. Rakesh Majithia CA Professional Corporation, after being terminated from her employment, the applicant filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination based on sex. The respondents denied any such claims and alleging the reason for the applicant’s termination was related to job performance.

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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

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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Poisoned work environment, discrimination, and undue hardship under the “Code”

June 22, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development

A recent Ontario Human Rights case further underscores the employer’s ongoing duty to accommodate to the point of undue hardship, and that Code based harassment or discrimination constitutes a breach under the Human Rights Code of Ontario.

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Is there a duty to investigate a human rights complaint?

February 10, 2015 Doug MacLeod, MacLeod Law Firm Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation

An employer is not explicitly required to investigate a discrimination complaint under the Ontario Human Rights Code and, in 2013, the Ontario Divisional Court concluded there is no freestanding duty to investigate.

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Deaf worker terminated due to ‘inconvenience’

January 29, 2015 Adam Gorley Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Standard for Employment, Training and Development

You’d probably be fair in thinking that a deaf, gay Aboriginal man can have a hard time getting a break, but Darryl Wesley seems like the type of person who doesn’t let obstacles get in his way. Nonetheless, when he was terminated from a landscaping job in North Bay, Ontario…

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Three of the most popular articles this week on HRinfodesk

April 10, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation

Three of the most popular articles this week on HRinfodesk deal with Saskatchewan upcoming minimum wage; Ontario’s sunshine list; and discrimination based on sexual orientation.

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Arbitrator orders highest damage award in history against the Ontario Government for discrimination

November 20, 2013 Simon Heath, BA, MIR, LLB, Heath Law HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation

Arbitrator Deborah Leighton has made history in her recent decision on remedy in OPSEU (Ranger) v. Ontario (Ministry of Corrections) 2013 CanLii 50479, which was released this past July 2013 by awarding more than $100,000 in damages for breach of the Ontario Human Rights Code and the applicable collective agreement for discrimination, harassment and poisoned work environment.

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New development in Christian Horizons discrimination case

August 23, 2013 Adam Gorley Employee Relations, Human Resources, Human Rights, Recruiting and Hiring

When a support worker at an evangelical Christian organization that runs homes for persons with developmental disabilities entered a same-sex relationship, the organization found the worker had breached its “Lifestyle and Morality Statement,” which prohibited homosexual relationships. The organization, Christian Horizons, eventually terminated the employee on that ground, and the worker complained of discrimination to the Ontario Human Rights Tribunal.

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The impact of human rights legislation on the interview process

April 23, 2013 Earl Altman Accessibility Standards, Employee Relations, Human Resources, Human Rights, Recruiting and Hiring, Standard for Employment

Many H.R. Departments pride themselves on the skill with which they can interview prospective employees in order to assess their qualifications for the position being advertised, the fit of the employee with the organization, and the likelihood that the employee will stay with the organization for a reasonable period of time. What employers are often not cognizant of is the limitation imposed on this process by the provisions of various provincial and federal Human Rights statutes.

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Yet another reason for employers to avoid ‘locker-room mentality’ at work

October 16, 2012 Simon Heath, BA, MIR, LLB, Heath Law Human Resources, Human Rights

Just in case employers needed yet another reason to be careful to ensure that employees in their workplaces treat one another with respect and avoid a “locker room mentality”, the Ontario Human Rights Tribunal has provided one. In Lombardi v. Walton Enterprises, (2012) HRTO 1675 the Tribunal found a corporate employer and Assistant Manager jointly and severally liable for homophobic slurs directed at an employee.

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Pride parade and the topic of messages

July 8, 2011 Andrew Lawson Employee Relations, Human Resources, Human Rights

I had the opportunity to attend, and indeed the privilege of attending, Toronto’s Pride parade on Sunday July 3. There are people in Canada who feel inhibited from attending and people around the world who would in fact go to jail, or worse, for organizing or participating in a public declaration of the incongruity of sexual orientation that our societies have a tendency to want to hide; that’s why I consider it a privilege to attend. What’s all of this got to do with running a business and managing workers and not running afoul of the law?

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The perpetuation of gender-based stereotypes is a form of sexual harassment

April 26, 2011 Andrew Lawson Human Resources, Human Rights

Morris has been Everett’s supervisor for over six years. Recently Morris had hired several administrative assistants and was giving the new recruits a workplace tour. The entourage stopped near the area where Everett was working and Morris introduced everyone. “Everett is your go-to person, ladies, for advice on fashion, hair, make-up or anything else a girl needs to know these days.”

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Workplace human rights: Is this sexual harassment?

March 22, 2011 Andrew Lawson Human Resources, Human Rights

I am a workplace human rights trainer and I learn of some important real-life scenarios from my workshop participants. I am often asked to provide expert feedback. The following are two very interesting workplace human rights scenarios—I have changed the names of those involved:

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