Tag: Human Rights Code

The Divisional Court Affirms Employers May Face Substantial Penalties for Failing to Respond to Sex Discrimination and Gender Pay Inequity

· 4 min read

In its recent decision Ontario v Association of Ontario Midwives, the Ontario Divisional Court upheld two decisions of the Human Rights Tribunal of Ontario pertaining to sex discrimination and pay equity, reaffirming that employers have an obligation to take proactive steps to ensure that sex-segregated workers are compensated free from sex discrimination and that a…

The Latest Updates for School Boards Before the Summer

· 14 min read

As the 2019 – 2020 school year draws to a close, it would be an understatement to say that the year did not go as expected. From the hurried transition to online learning to the ongoing adjustment to the “new normal” of synchronous learning, we know that our clients have successfully navigated unprecedented and difficult challenges – and that there will be more to come.

Employees Who Continue to Work from Home – Practical Considerations for Employers

· 3 min read

As provinces begin to roll out reopening plans for non-essential businesses, the logistical challenges of implementing social distancing in some workplaces mean that many employees will continue to work from home for the foreseeable future. As companies consider which employees will be asked to return to the workplace, and when, the legal considerations and risks associated with work from home arrangements should be taken into account.

Supreme Court of Canada to Consider Jurisdictional Issue Involving Human Rights Complaint Arising in Unionized Workplace

· 3 min read

On February 27, 2020, the Supreme Court of Canada granted leave to appeal from a decision of the Manitoba Court of Appeal, Northern Regional Health Authority v Manitoba Human Rights Commission et al, that found a human rights adjudicator had jurisdiction to hear complaints of discrimination where the workplace was governed by a collective agreement….

HRTO Orders Significant Remedies in Ontario Midwives Case

· 6 min read

In Association of Ontario Midwives v. Ontario (Health and Long-Term Care), the Human Rights Tribunal of Ontario (HRTO) affirmed that those who set compensation rates may be required to take proactive steps to ensure that sex-segregated workers are compensated in a way that is free of sex-based discrimination. It ordered, among other things, that the…

OMHRA Fall 2019 ECHO Newsletter Features Articles Authored by Amanda Cohen and Jessica Toldo

The Fall 2019 issue of OMHRA’s ECHO newsletter features two articles authored by Amanda Cohen and Jessica Toldo. In the article “Divisional Court Reaffirms the Orillia Hospital Test for Accommodation,” the authors discuss a recent decision by the Ontario Divisional Court which quashed the decisions of the Arbitrator in a workplace accommodation related case.

Workplace Law in Canada: A Primer

· 1 min read

This Guide provides American employers with an introduction to employment laws and regulations that affect businesses in Canada. It outlines an overview of the main differences between Canadian and U.S. workplace laws.

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…

Andrew Zabrovsky Quoted in Canadian Lawyer

Hicks Morley’s Andrew Zabrovsky was quoted in the August 2012 edition of Canadian Lawyer. In an article entitled “Straddling the line,” Andrew discusses the laws protecting obesity as a disability. He acknowledges that although obesity is a growing phenomenon in the workplace, obesity is not a protected ground under the human rights code and is…