Today – April 20 (4/20) – marks cannabis culture’s unofficial day of celebration, and we thought “weed” mark the occasion by answering a few common employer questions. When do I have to accommodate medical marijuana? While employers have no obligation to permit recreational consumption of marijuana at work or tolerate impairment, they must appropriately accommodate…
Practice Area: Human Rights
Bill Requiring Diversity Disclosure by Federal Corporations Passes Third Reading in Senate
Diversity on corporate boards has been widely discussed in recent years. On March 22, 2018, Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act, passed its third reading in the Senate. Part 1 of Bill C-25 imposes obligations on federal…
Ontario’s Proposed New Anti-Racism Standards
As we previously reported, the Ontario Anti -Racism Act (ARA) came into force on June 1, 2017. One of the purposes behind the ARA is to allow certain organizations to collect information that will be used to identify and monitor systematic racism and racial disparities for the purpose of eliminating systemic racism and advancing racial…
HRTO Finds No Discrimination Where Use of Medical Marijuana at Worksite Breached Zero Tolerance Policy
In Aitchison v L & L Painting and Decorating Ltd., the Human Rights Tribunal of Ontario (HRTO) found that an employer did not discriminate against the applicant when his employment was terminated for smoking marijuana while at work, which was contrary to the employer’s “zero tolerance” policy. The applicant was employed as a seasonal painter…
Are Service Providers Liable for Harassment Between Customers? The Divisional Court Weighs In
In City of Toronto v. Josephs, the Divisional Court reviewed a recent decision of the Human Rights Tribunal of Ontario (Tribunal) and specifically addressed the question of a service provider’s liability for harassment issues arising between customers. In so doing, the Court has provided useful guidance for organizations that provide services to the public, and…
Reaching Out – Twelfth Edition
Even though the weather has been spring-like, we are pleased to provide our Fall 2016 edition of Reaching Out…
Federal Post – Fourth Edition
We are pleased to bring you the final 2016 edition of the Federal Post, our newsletter designed exclusively for federally regulated employers…
Ontario Human Rights Commission Releases New Policies on Drug and Alcohol Testing and Ableism and Discrimination Based on Disability
The Ontario Human Rights Commission has published updated guidelines on these critical issues – and what it thinks your organization should be doing…
What Nexus is Required to Establish a Tribunal’s Jurisdiction over Discriminatory Conduct Arising at a Workplace?
The Supreme Court of Canada will be delivering a decision likely to provide further clarity on the scope of the jurisdiction of British Columbia Human Rights Tribunal (Tribunal) to hear a complaint alleging discrimination regarding employment involving parties who work for different employers. On October 13, 2016, the Supreme Court of Canada granted leave to…
Duty to Accommodate Does Not Extend to Permitting Excessive Employee Absenteeism
In Ontario Public Service Employees Union v Ontario (Children and Youth Services), the Divisional Court recently affirmed that an employer’s duty to accommodate does not extend to allowing an employee not to work, stating that the “purpose of the duty to accommodate is to allow employees to fulfill their employment duties, not to allow employees not…