Employers seeking to initiate equitable hiring strategies may wonder whether such programs are “legal”, given the current political climate in the United States. A recent decision of the Human Rights Tribunal of Ontario contains important reminders.
Tag: Human Rights Code
Ontario Employers Take Note: Pending Changes to the Employment Standards Act, 2000
Changes to the Employment Standards Act are coming. Since 2021, the Ontario government has passed a series of Bills that have amended a range of employment-related statutes.
Dismissal of Healthcare Worker for Failure to Disclose COVID-19 Exposure to Spouse/Co-Worker Not Discriminatory
A recent decision provides clarification on the distinction between legitimate workplace policy enforcement and discriminatory conduct. In this #CIP, Hicks Morley’s Gabrielle Lemoine shares details of the case and what it means for employers and HR professionals.
Holiday Party Best Practices: A Guide for Employers
The holiday season is a time for people to come together and celebrate. For many of us, this may include workplace parties. With seasonal festivities and holidays just around the corner, it’s that time of year again to consider the proactive steps employers can take to ensure the health and safety of employees who attend…
Human Rights Tribunal Confirms Statutory Review of Benefit Decision Does Not Constitute New Act of Discrimination
In the recent decision Yu v. Workplace Safety and Insurance Board, the Human Rights Tribunal of Ontario (Tribunal) provided important clarification on the distinction between continuing discriminatory acts and the ongoing effects of past discrimination. The decision offers valuable guidance for employers and administrative bodies on when subsequent reviews of past decisions can constitute fresh…
Human Rights Tribunal of Ontario Seeks Input on Important Process Changes
The Human Rights Tribunal of Ontario (HRTO) recently announced it is seeking feedback on important changes it suggests are designed to streamline its process. The key proposed changes are as follows: Feedback on these proposed changes can be provided until November 22, 2024 by sending an email to HRTO.registrar@ontario.ca with the subject line “HRTO Consultation.”…
Request for Volunteer to Remove Rainbow Sticker from Name Badge Not Discriminatory, Says Human Rights Tribunal of Ontario
In an important decision for employers, the Human Rights Tribunal of Ontario (Tribunal) confirmed that distinction does not necessarily amount to discrimination. In Zanette v. Ottawa Chamber Music Society, the Tribunal held that the Ottawa Chamber Music Society’s request that a volunteer usher (Zanette) remove a rainbow sticker from his name badge did not constitute…
Comedy and Satire: Human Rights Considerations in the Writing Room
While all companies have an obligation to prevent against workplace harassment and discrimination, those in the entertainment industry face a particular challenge. In some cases, the nature of the conversations and circumstances that workers may be engaged in could, in other work environments, be considered offensive or objectionable. As the cases discussed below illustrate, the…
Arbitrator Concludes Grievor’s Sincere Religious Beliefs Did Not Prevent Her From Complying with Employer’s COVID-19 Policy
In Oxford County v. Canadian Union of Public Employees, Local 1146, Arbitrator Brian Sheehan determined that the grievor, who refused, on the basis of her religion, to undergo rapid antigen testing in accordance with the employer’s COVID-19 policy, had not established that she had been improperly discriminated against on the basis of creed. This is…
Human Rights Tribunal of Ontario Confirms Childcare Preferences Do Not Trump Employer’s Scheduling Needs
In Aguele v. Family Options Inc., the Human Rights Tribunal of Ontario (HRTO) confirmed that the duty to accommodate in the context of a family status accommodation scheduling request is not unlimited. An employee has an obligation to accept accommodation that is reasonable in the circumstances, failing which an employer’s accommodation obligation is discharged. This…