In a time where the workforce is aging, employers must ensure that their recruitment and interview processes involve objective criteria for assessing a job candidate’s qualifications, and do not discriminate against a candidate on the basis of age, either directly or indirectly. The jurisprudence of the Human Rights Tribunal of Ontario is clear that age…
Practice Area: Human Rights
HRTO Considers Allegations of Age Discrimination in Employer Hiring Practices
A recent decision of the Human Rights Tribunal of Ontario (the “Tribunal”) reaffirms Tribunal jurisprudence that an employer’s decision not to interview or hire an older job candidate will not necessarily be a violation of the Ontario Human Rights Code (the “Code”). In Loose v. Ontario (Education), the applicant applied for a position posted by…
HRTO finds applicant breached confidentiality provision of settlement
The Human Rights Tribunal of Ontario recently found that an applicant breached the confidentiality provisions of her human rights settlement when she posted information about the settlement on Facebook. When the respondent learned of the breach, it refused to pay the monies owing under the settlement, and the applicant brought an application before the Tribunal…
What Happens When an Employee Breaches a Confidentiality Provision in a Human Rights Settlement?
In Tremblay v. 1168531 Ontario Inc., the Human Rights Tribunal of Ontario issued its first decision in which it held an applicant accountable for breaching a confidentiality clause in a settlement arising from the resolution of a human rights application brought against her employer. The employee had signed an agreement to maintain the confidentiality of…
Accommodation and the Special Needs Child: The Supreme Court of Canada Decision in Moore
The Supreme Court of Canada has released an important decision which reaffirms some of the key principles in the accommodation process. The issues in Moore v. British Columbia (Education) arose from the financial choice made by a British Columbia School District in the provision of services. The Court’s criticism of the failure of that District…
HRTO and Developments in the Law of Reconsideration
Organizations which have experience litigating matters at the Human Rights Tribunal of Ontario (the “Tribunal”) are likely aware that unsuccessful parties often utilize the Tribunal’s “reconsideration” process to attempt to overturn those decisions. While the Tribunal regularly issued reconsideration decisions, it was quite rare for it to grant a reconsideration request. However, recent decisions suggest…
Pinto Report on Ontario Human Rights Review Released
On November 8, 2012, the Ontario government released the long-awaited “Report of the Ontario Human Rights Review 2012” (the “Report”), which reviews the changes made to the Ontario Human Rights Code (the “Code”) in 2008. Andrew Pinto, author of the Report, sets out several recommendations with respect to streamlining the existing system. This FTR Now…
Hicks Morley Introduces Case Law Blog
Hicks Morley is pleased to announce the launch of Case In Point, a blog designed to provide human resources professionals with timely information about interesting case law developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. BACKGROUND In 2010, Hicks Morley launched Human Resources Legislative…
Operation of Pension and Benefit Plans do not Discriminate on the Basis of Age: Human Rights Tribunal of Ontario
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…
AODA Legal Compliance from A to Z: Staying Ahead of the Curve (Accredited)
This session is a review and update for in house legal counsel and human resources professionals on the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) and will focus on: Reviewing key requirements of the Integrated Accessibility Standards (“IAS”) – including policy development, training, employment practices, website content and design, general communications Reviewing timelines…