Siobhan O’Brien was quoted in the June 10, 2016 issue of The Lawyers Weekly regarding Bill C-16, which proposes to include gender identity…
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Appellate Court Upholds Significant Remedy Decision of the Human Rights Tribunal of Ontario
A decision of the Human Rights Tribunal of Ontario (Tribunal) which ordered reinstatement and back wages for an employee who had been…
Federal Reforms Introduced to Prohibit Discrimination on Basis of Gender Identity or Gender Expression
On May 17, 2016, the federal government introduced Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, proposed legislation adding gender identity and gender expression to the list of prohibited grounds of discrimination in the Canadian Human Rights Act (CHRA). If passed, Bill C-16 would protect transgender and gender-diverse…
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…
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…
City Did Not Breach Duty to Accommodate When it Declined Firefighters’ Request for Exception to Mandatory Retirement Policy
In a recent decision, Corrigan v. Corporation of the City of Mississauga [1], the Divisional Court dismissed an application for judicial review of a decision of the Human Rights Tribunal of Ontario (the “Tribunal”), which found that the City of Mississauga did not breach its procedural duty to accommodate when it declined to accommodate suppression…
Maintaining a Workplace Free of Sexual Harassment
Over the past several months, the issue of workplace sexual harassment has been in the spotlight and the subject of considerable discussion. In response to recent media attention, the Ontario Human Rights Commission recently issued a statement reiterating the legal duty of employers to prevent sexual harassment and to respond to any complaints in the…
Canadian Human Rights Act Amended to Delete Discriminatory Practice Relating to “Hate Messages”
On June 26, 2013, a federal private member’s Bill, Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom), received Royal Assent. Bill C-304 amends the Canadian Human Rights Act (“Act”) by repealing section 13 “Hate Messages” as a discriminatory practice, to ensure compliance with the freedom of expression guarantee in the…
Workplace Equity Guide Publishes Article by Carolyn Cornford Greaves
Hicks Morley’s Carolyn Cornford Greaves authored an article for the March 2013 edition of Workplace Equity Guide. The article entitled, “HRTO Considers Allegations of Age Discrimination in Employer Hiring Practices” discusses a recent decision of the Human Rights Tribunal of Ontario that reaffirms that an employer’s decision not to interview or hire an older job…
Federal Gender Identity, Gender Expression Bill Passes Third Reading
On March 20, 2013, Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression), a Private Member’s Bill, passed Third Reading in the House of Commons and proceeded to the Senate for debate. If passed, Bill C-279 will add gender identity and gender expression as…