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…
Tag: Human Rights Code
The Latest Updates for School Boards Before the Summer
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
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
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
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.
CAPDHHE Newsletter Features Article by Njeri Damali Sojourner-Campbell on Responding to Human Rights Complaints in the Workplace
The summer 2018 edition of the Canadian Association for the Prevention of Discrimination and Harassment in Higher Education (CAPDHHE)’s newsletter features an article authored by Hicks Morley lawyer Njeri Damali Sojourner-Campbell.
Human Rights Tribunal of Ontario Decision on Post Age 65 Benefits Raises Important Issues
The recent decision from the Human Rights Tribunal of Ontario (Tribunal) in Talos v. Grand Erie District School Board raises important issues about the provision of benefits to employees aged 65 and older. In Talos, the Tribunal found that section 25 (2.1) of the Ontario Human Rights Code (Code), which effectively permits employers to cease providing employees with benefits at age 65, is unconstitutional. More specifically, the Tribunal held that this age-based “carve out” from Code protection violates the equality guarantee under section 15 of the Canadian Charter of Rights and Freedoms (Charter) and cannot be justified under section 1 of the Charter as a reasonable limit.
Workplace Law in Canada: A Primer
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.
Ontario’s Proposed New Anti-Racism Standards
As we previously reported, the Ontario Anti -Racism Act (ARA) came into force on June 1, 2017. One of the purposes behind the ARA is to allow certain organizations to collect information that will be used to identify and monitor systematic racism and racial disparities for the purpose of eliminating systemic racism and advancing racial…