Recent decisions of the Human Rights Tribunal of Ontario (the “Tribunal”) provide welcome guidance for employers who have been confronted with allegations that provisions of their pension and benefit plans discriminate on the basis of age under the Ontario Human Rights Code (the “Code”). In several decisions the Tribunal has held that some age-based distinctions…
Practice Area: Human Rights
Ontario Releases Proposed Amendments to Integrated Accessibility Standards Regulation
On August 15, 2012, the Ontario government published proposed amendments to the Integrated Accessibility Standards Regulation (IAS) (Ontario Regulation 191/11) under the Accessibility for Ontarians with Disabilities Act, 2005 for public consultation. The amendments, once finalized, are expected to come into force the later of January 1, 2013, or the day they are filed. The…
Ontario Government Publishes Integrated Accessibility Standards Guide and Compliance Tool
The Ontario Ministry of Community and Social Services has published “A Guide to the Integrated Accessibility Standards Regulation” dated July 2012. The Integrated Accessibility Standards (IAS) Regulation was made under the Accessibility for Ontarians with Disabilities Act, 2005. It came into force on July 1, 2011 and affects nearly all organizations in Ontario. The Guide…
Federal Government Creates Panel on Labour Market Opportunities for Persons with Disabilities
Further to its Economic Action Plan 2012, the federal government has announced the creation of a Panel on Labour Market Opportunities for Persons with Disabilities. The Panel has been charged with identifying private sector successes and best practices regarding labour market participation of persons with disabilities. It will also identify barriers and disincentives to employment…
Divisional Court Affirms Pay Equity Wage Grids and Restricts Tribunal’s Use of Human Rights Code
In a recent decision that will have implications for employers and service providers across Ontario, the Ontario Divisional Court has upheld an important 2010 ruling of the Pay Equity Hearings Tribunal (“PEHT”). In Canadian Union of Public Employees, Local 1999 v. Lakeridge Health Corporation, the Court held that the decision of the PEHT regarding the…
Gender Identity, Gender Expression Amendments to Human Rights Code Now In Force
On June 19, 2012, Bill 33, Toby’s Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012 received Royal Assent and came into force on that date. As previously reported, Bill 33 amends the Human Rights Code to specify that every person has a right to equal treatment…
Reaching Out – First Edition
Dear Friends, The Social Service Sector Practice Group is pleased to introduce its first FTR Now edition of Reaching Out. Reaching Out is our Social Service Update designed to provide you with legal updates on new and developing cases, trends and topics that are relevant to your sector and which provide you with information and…
Gender Identity, Gender Expression now Protected by Ontario Human Rights Code
On June 13, 2012, the Ontario legislature passed an amendment to the Ontario Human Rights Code which extends protection against discrimination on the grounds of gender identity or gender expression. The amendment was proposed in a Private Member Bill and received support of all three parties. This FTR Now discusses the amendment and its implications…
Bill Adds Gender Identity, Gender Expression to Human Rights Code
On June 13, 2012, a Private Member Bill with three-party support passed at Third Reading, as amended by the Standing Committee on Social Policy. Bill 33, Toby’s Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012 amends the Human Rights Code to specify that every person has…
School Bus Transportation Policy Deemed Discriminatory
A recent decision of the Human Rights Tribunal of Ontario (“HRTO”) has added to the fast growing group of “family status” discrimination cases. J.O. v. London District Catholic School Board highlights that there are many different ways a school board may be vulnerable to claims of family status discrimination. In this FTR Now we review…