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…
Practice Area: Human Rights
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…
Tribunal Rejects the Johnstone Test for Establishing Family Status Discrimination in New Eldercare Case
In a significant recent decision relating to eldercare accommodation, the Human Rights Tribunal of Ontario (Tribunal) indicated its intention to depart from the test for family status discrimination outlined by the Federal Court of Appeal in Canada (Attorney General) v. Johnstone and Canadian National Railway v. Seeley…
FTR Quarterly – 2016, Issue 2
In this issue: “Bad Customer Service” – or Breach of Human Rights Legislation?” and “Lifecycle of a Rental Tenancy: Human Rights Code Considerations and Best Practices for Compliance”
Lifecycle of a Rental Tenancy: Human Rights Code Considerations and Best Practices for Compliance
Landlords and rental housing providers must contend with some complex obligations and challenges under the Ontario Human Rights Code. These apply throughout the rental process – from advertising a vacancy, to choosing a tenant, to terminating a tenancy. Adherence to some best practices and guidelines can help ensure compliance at every stage.
“Bad Customer Service” – or Breach of Human Rights Legislation?
Service-based organizations – such as restaurants – have obligations to their customers under human rights legislation. But how far do these obligations go? Two recent cases help to define the line.
Insights for Universities on New Government Inclusivity Initiatives Targeting Gender Identification Information
In this FTR Now, we discuss the new government initiatives intended to promote inclusivity and ensure equitable treatment of trans and non-binary gendered persons, and how they may impact Ontario Universities.
Insights for School Boards on New Government Inclusivity Initiatives Targeting Gender Identification Information
While it remains to be seen what further action either government may take to mandate reforms within the broader public or private sectors, find out how your School Boards may proactively revisit current gender inclusivity efforts to plan for potential reforms…
Insights for Municipal Organizations on New Government Inclusivity Initiatives Targeting Gender Identification Information
New gender identity initiatives signal an increased focus on gender identity issues at both the provincial and federal levels – and are an important step towards greater inclusivity across jurisdictions. Find out how these initiatives may impact employers, agencies and service providers across the Municipal sector…
Insights for Colleges on New Government Inclusivity Initiatives Targeting Gender Identification Information
With the Ontario government planning to announce a gender identification information policy for ministries later this year, the movement towards gender inclusivity in this area is well underway…