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Federal Reforms Introduced to Prohibit Discrimination on Basis of Gender Identity or Gender Expression

· 2 min read

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…

Human Rights Tribunal Rules that Miscarriage is a Disability

· 2 min read

In a recent decision, the Human Rights Tribunal of Ontario (Tribunal) found that the Applicant, who had suffered a miscarriage, had a disability within the meaning of the Human Rights Code (Code). While this decision has garnered much attention in the media, its potential significance for employers going forward may not result from the particular…

Appeal Court Upholds $20,000 Damages Award for Discrimination on the Basis of Family Status

· 2 min read

In this latest decision which considers discrimination on the basis of family status due to childcare issues, the Court of Appeal for Ontario upheld a trial judge’s finding that an appellant employer breached both the Employment Standards Act, 2000 (“ESA”) and the Human Rights Code (“Code”) when it terminated the employment of the respondent employee…

Reaching Out – Ninth Edition

· 21 min read

Dear Friends, It has been an eventful few months since our Spring Edition of Reaching Out. With the playoff run by the Blue Jays and the federal election behind us, we are pleased to provide the Fall Edition of Reaching Out. Allison E. MacIsaac reviews current challenges related to gender identity and gender expression in the…

Ontario Invites Submissions on Closing Gender Wage Gap

· 3 min read

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…

Significant Damages Awarded Against Employer for Sexual Harassment of Temporary Foreign Workers

· 5 min read

In a recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”), Vice-Chair Mark Hart imposed a significant damages award against corporate respondent Presteve Foods Ltd. and its directing mind, Jose Pratas (“the personal respondent”). In O.P.T. v. Presteve Foods Ltd., two Applicants, O.P.T. and M.P.T., alleged that the personal respondent had engaged in…

Reaching Out – Eighth Edition

· 21 min read

Dear Friends, Before everyone becomes distracted by the beautiful weather and blooming flowers, we wanted to provide you with our Spring Edition of Reaching Out. We hope that it will give you some valuable information that you can put to good use during the hazy days of summer. Leanne N. Fisher, an Associate in our…

The HRTO and the Duty to Accommodate: How Far Does an Employer Have to Go?

· 4 min read

In a helpful decision for employers, Pourasadi v. Bentley Leathers, the Human Rights Tribunal of Ontario (“HRTO”) found that an employer’s duty to accommodate did not extend to altering the essential duties of a position. In this case, the Applicant, a retail store manager, requested a workplace accommodation for a wrist injury which prevented her…