Ontario Employer Ordered to Pay Substantial Damages for Unilaterally Revoking an Employee’s Family Status Accommodations
A recent decision by the Human Rights Tribunal of Ontario (the “Tribunal”) illustrates that employers must not unilaterally revoke reasonable accommodations
Human Rights Refresher for Employers: Nuances of Discrimination-Related Risks in Recruitment
Most employers know that it is illegal to discriminate against employees based on protected grounds such as age, race, or sex under the Ontario Human Rights Code (the “Code”), and that asking job applicants questions about protected grounds during recruitment can expose them to liability, but many employers are not aware of how seemingly innocuous […]
The OHRC’s New Policy to Eliminate Racial Profiling
On September 20, 2019 the Ontario Human Rights Commission (“OHRC”) released the Policy on eliminating racial profiling in law enforcement (the “Policy”), which provides practical guidance for “law enforcement”
Finding Suitable Workplace Accommodation is a Two-Way Street
Employers in Ontario are increasingly receiving accommodation requests based on employees’ childcare obligations.
When Separate is Not Equal: Ontario Human Rights Tribunal Finds Tennis League Discriminatory Based on Sex
A recent decision from the Human Rights Tribunal of Ontario (“HRTO” or the “Tribunal”) held that the gender balancing provisions of a tennis club association discriminated against women in the provision of services by providing females with fewer opportunities to play in the association’s Mixed League. In Miller v InterCounty Tennis Association (“Miller”), three female […]
Employees do not have an Absolute Right to Use Medical Marijuana at Work
As many employers are aware, the use of medical marijuana in the workplace must be treated as an accommodation issue
Supreme Court of Canada Takes Expansive Approach to Discrimination
The Ontario Human Rights Code protects people from discrimination in a variety of settings, including in employment.
Four New Protected Grounds Proposed for Ontario’s Human Rights Code
On October 4, 2017, Bill 164, The Human Rights Code Amendment Act, 2017 (“Bill 164”) was introduced in the Ontario legislature as a private member’s bill
Independent Medical Examinations
When an employee is injured or suffering from a disability having clear information about work limitations and prognosis is integral to an effective accommodation process.
The Supreme Court of Canada to Consider the Applicability of Human Rights Protections
In October 2016, the Supreme Court of Canada (the “Supreme Court”) granted leave to appeal in British Columbia Human Rights Tribunal v. Edward Schrenk (“Schrenk”). The Supreme Court’s determination will likely have significant repercussions as to the scope of human rights protections in workplace settings.