Family Status and Accommodation

Family status is one of fastest growing areas of human rights law. Increasingly, adjudicators are focusing on whether employers have met their procedural obligations under the Human Rights Code. The following checklist will help you develop an effective internal process for assessing and responding to requests for accommodation on the basis of family status.

Federal Accessibility Legislation Now Passed

On June 21, 2019, Bill C-81, the Accessible Canada Act (Act) passed as amended by the Senate and received Royal Assent. The provisions of this Act come into force on a day to fixed by order of the Governor in Council. As we previously reported, the Act is accessibility legislation which impacts certain federally regulated…

Gender Identity and Gender Expression

Gender identity and gender expression are protected grounds under Ontario’s Human Rights Code (Code). While the law in this area is highly dynamic, this Client Toolkit provides employers with guidelines and best practices for understanding its unique aspects, supporting trans people in the workplace, and ensuring compliance with the Code.

Appellate Court Upholds Termination for Frustration, Duty to Accommodate Not Triggered

In its recent decision Katz et al. v. Clarke, 2019 ONSC 2188, the Ontario Divisional Court set aside an order of a motion judge, granted the defendant’s summary judgment motion and dismissed the plaintiff’s action. The decision involves important principles relating to frustration of contract and the duty to accommodate a disabled employee. The Court…

Accommodating Medical Marijuana

Accommodating medicinal cannabis requires balancing an employee’s rights under the Human Rights Code with an employer’s obligations under the Occupational Health and Safety Act to take every precaution reasonable in the circumstances for the protection of workers. These obligations are especially pronounced in workplaces that include safety-sensitive positions.