The Ontario Human Rights Tribunal (the Tribunal) recently held that the decision to deny coverage for medical cannabis coverage under an employer’s benefit plan is not discrimination under the Ontario Human Rights Code (Code) when the decision to deny coverage is unrelated to an applicant’s disability or another protected ground. In Rivard v. Essex (County),…
Tag: Human Rights Code
That’s a Wrap – Final School Board Update of 2018
In this School Board Update, we review two recent decisions which will be of interest to school boards. The first is an arbitration decision which considers the Ontario teacher performance assessment (TPA) process in a case where the termination of a teacher’s employment was upheld. The second is a decision of the Human Rights Tribunal of Ontario which concluded that a school board was not in violation of the Human Rights Code when it did not provide Applied Behavioural Analysis / Intensive Behavioural Intervention to a young student.
The Law Regarding Service Animals [Video]
Failing to accommodate guide dogs or service animals is potentially a failure to accommodate a disability. There may also be competing rights or obligations to consider when such situations arise in your organization. In this video, Elizabeth Winter takes us through the law regarding service animals – an important area of human rights law – with a focus on best practices for identifying a service animal and your organization’s responsibility to accommodate staff and clients.
Setting up Shop in Canada? What U.S. Employers Need to Know About Canadian Human Rights Law [Video]
Understanding Canadian human rights law is key to ensuring your organization is fully prepared to deal with issues when they arise. In this video, David Alli discusses what U.S. employers need to know about Canadian human rights law (known as “anti-discrimination law” in the United States) and outlines some key differences between Canadian and U.S. laws.
HRTO Dismissal of Application for Delay of One Day Upheld by Appellate Court
In a useful decision for employers, the Ontario Divisional Court has confirmed that the one-year timeline for filing an application with the Human Rights Tribunal of Ontario (Tribunal) will be strictly enforced. The decision provides a valuable warning to applicants that the time limits required to bring a complaint are indeed requirements and will only…
Sexual Harassment in the Workplace [Video]
In this #MeToo world, it is important that employers address issues relating to sexual harassment in the workplace in a timely and proactive manner. In this video, Nadine Zacks outlines several best practices for employers, ranging from the development of robust policies to leading by example. She also discusses the importance of providing training to employees and the need to act promptly when responding to allegations of harassment.
Welcome Back to School!
With this edition of our School Board Update, we’d like to welcome you back to a new school year. In this Update, we discuss a recent policy of the Ontario Human Rights Commission with respect to accessing education for students with disabilities, which notes that while advances have been made in this area, there is still much work to be done.
Cannabis in the Workplace: Workplace Policy [Video]
In light of the upcoming legalization of recreational cannabis, it is critical that employers review all current policies to determine whether revisions are required. In this video, Jacqueline Luksha reviews key features of a Drug and Alcohol policy related to cannabis in the workplace. She also discusses the importance of training regarding cannabis use, and touches on policies dealing with accommodation requests.
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.
Requiring Proof of Eligibility to Work in Canada on a Permanent Basis Discriminatory
In a recent decision released by the Human Rights Tribunal of Ontario, the Tribunal found that an employer discriminated against a potential employee on the basis of citizenship when it required proof of eligibility to work in Canada on a permanent basis as a condition of employment.