Practice Area: Human Rights

Lancaster House: Gender Identity and Gender Expression: Best practices in the workplace

When an employee requires accommodation in relation to gender identity or gender expression, the process can be challenging for the employer, the union, and especially the employee. This audio conference will explore best practices for creating an inclusive, accommodating environment, and dealing with trans-specific issues such as washroom accessibility, training, and reluctant co-workers. Topic Understanding…

What Nexus is Required to Establish a Tribunal’s Jurisdiction over Discriminatory Conduct Arising at a Workplace?

· 4 min read

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…

Centennial College: Equity & Inclusion Specialist Program

Across North America there is an increasing need to address issues of equity and inclusion at all levels of higher education institutions.  College administrators and faculty are essential leaders who can proactively create inclusive and equitable campus environments. The Centre for Global Citizenship Education and Inclusion (GCEI) is launching a unique Equity and Inclusion Specialist…

Canadian Bar Association (CBA): Gender Identity and Gender Expression in the Workplace Webinar

Topics: Overview of concepts and terms relating to gender identity and expression Case law developments in the areas of human rights law and employment law Guidance for developing appropriate workplace policies Agenda In recent years, various jurisdictions across Canada have expressly added “gender identity” and “gender expression” as prohibited grounds of discrimination in their human…

Duty to Accommodate Does Not Extend to Permitting Excessive Employee Absenteeism

· 3 min read

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

· 5 min read

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…