In Flatt v. Canada (Attorney General), a case that has garnered media attention, the Federal Court of Appeal upheld a decision that found an applicant who requested accommodation to breastfeed her child during working hours failed to meet the test for establishing prima facie discrimination. The Court held this request involved the applicant’s “personal choice” – not…
Category: Human Rights
Supreme Court of Canada on Prima Facie Discrimination and a Plaintiff’s Burden of Proof
The Supreme Court of Canada recently overturned a decision of the Québec Human Rights Tribunal (“Tribunal”) which found that Bombardier had discriminated against a pilot, Mr. Latif, by refusing to provide him with training on certain Bombardier aircraft after U.S. authorities denied his security clearance. The unanimous Court found that there was insufficient evidence to…
Reaching Out – Ninth Edition
Dear Friends, It has been an eventful few months since our Spring Edition of Reaching Out. With the playoff run by the Blue Jays and the federal election behind us, we are pleased to provide the Fall Edition of Reaching Out. Allison E. MacIsaac reviews current challenges related to gender identity and gender expression in the…
Ontario Introduces Legislation Addressing Sexual Violence and Harassment
On October 27, 2015, the Ontario government introduced Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015 which, if passed, would amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters. Among other things, it would: amend the Occupational Health and Safety Act to revise the…
Ontario Invites Submissions on Closing Gender Wage Gap
On October 8, 2015, the Ontario government invited input from individuals and organizations to assist it in developing a strategy to close the wage gap between men and women. In this FTR Now, we review the government’s initiative, its invitation for submissions and how Ontario employers can provide their feedback. THE CONSULTATION PROCESS By way…
Ontario Launches Three-Month AODA Compliance Blitz Targeting Large Retailers
This Fall, the Ministry of Economic Development, Employment and Infrastructure will be leading targeted audits of retail companies with 500 or more employees during a three-month blitz to ensure workplaces and employee practices are accessible and compliant with the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). Among other things, audited employers will be asked to provide…
Employer Investigations Held to Standard of Reasonableness, not Correctness or Perfection
In a recent decision, Zambito v. LIUNA Local 183, the Human Rights Tribunal of Ontario (“Tribunal”) provided some useful guidance on internal employer investigations. It reiterated that while it is extremely important for employers to respond seriously and promptly to all allegations of discrimination and harassment, they will be not be held to a standard of…
Federal Court Confirms “Family Status” Applies to Mother-in-Law
In Canada (Attorney-General) v. Hicks, the Federal Court held that the Canadian Human Rights Tribunal (“CHRT”) did not err when it found that Human Resources and Services Development Canada (“HRSDC”) discriminated against Mr. Hicks in refusing to approve expenses associated with maintaining temporary dual residences after a relocation from Halifax to Ottawa. After Mr. Hicks…
Significant Damages Awarded Against Employer for Sexual Harassment of Temporary Foreign Workers
In a recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Vice-Chair Mark Hart imposed a significant damages award against corporate respondent Presteve Foods Ltd. and its directing mind, Jose Pratas (“the personal respondent”). In O.P.T. v. Presteve Foods Ltd., two Applicants, O.P.T. and M.P.T., alleged that the personal respondent had engaged in…
HRTO Clarifies the Scope of Employer and Service Provider Code Obligations
Two recent decisions from the Human Rights Tribunal of Ontario (“HRTO”) provide helpful guidance on the scope of employer and service provider obligations under the Human Rights Code (“Code”), including the proper scope of the duty to accommodate and the question of who may bring a Code application. In this FTR Now, we review these…