Blog - Human Rights and Discrimination
Looking to stay up to date on the latest news and information regarding employment law and how it impacts your workplace situation. Use our information centre to find informative blogs, media commentary, Globe and Mail articles and other helpful resources to ensure you understand your workplace rights.
Human Rights laws don’t guarantee equal treatment in the general sense. In Ontario, and throughout Canada, your workplace must be free of workplace discrimination, harassment, and reprisal or differential treatment due to certain protected characteristics. It may be discrimination if you are treated differently because of your age, race, ethnicity, place of origin, ancestry, citizenship, religion, colour, sex/gender/sexual orientation, gender expression, marital/family status, or disability.
Amazon Mandates Employees to Return to the Office.
Amazon’s CEO, Andy Jassy, has mandated all workers return to the office at least three times per week, as of…
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Disney Employees Push Back on Return-to-Office Mandate
It has been 3 years since the COVID-19 pandemic officially started in March of 2020. During this time, many companies…
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Office Romance – Pros and Cons of Dating a Co-worker
The recent news of the now-former Toronto mayor John Tory’s affair with a colleague has sent shockwaves through Toronto’s political…
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Employment Law Protections for Parents Affected by Last-Minute Daycare Strike
Special to The Globe and Mail The question My child’s daycare was closed because of a last-minute daycare strike so…
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Are Workplace Relationships Illegal?
Toronto Mayor John Tory has resigned due to a workplace relationship with a former member of his staff. This has…
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City of Burlington Mandates Mandatory Masks Again: Your Rights
Recently the City of Burlington re-launched a mandatory indoor mask policy for the City’s employees, effective from November 28, 2022,…
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TTC Drops Vaccine Mandate
The Toronto Transit Commission (“TTC”) has decided to drop its COVID-19 vaccine mandate that has been in place for approximately…
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CUPE Strike: What Are Working Parents Rights If They Have to Stay at Home Due to School Closures?
Many people are probably confused about the recent twist during the recent CUPE strike – the Ontario government just announced…
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Ontario Court Rules Seneca College’s Vaccine Policy Does Not Violate Charter
In a recent decision, the Ontario Superior Court of Justice ruled that Seneca College’s vaccine policy does not violate the…
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Top-up while on Maternity Leave: What Are the Rules?
What is maternity and parental leave? How to top up your maternity leave? A maternity leave for Canadian employees can be either…
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Federal Tribunal Reverses EI Denial For COVID-19 Vaccination Refusal
Federal Tribunal Reverses EI denial A federal tribunal has recently held that an employee terminated as a result of noncompliance…
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Quiet Quitting At Work – What You Need To Know
The term “Quiet Quitting” has been making headlines in the past few weeks as employees and employers alike discuss the…
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Unconscious Bias – Firing Workers When an Illness is Involved
Special to The Globe and Mail Far too often, employers make decisions that are tainted by discriminatory motivations, without even…
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Employee’s Privacy Rights in the Workplace: What is Acceptable?
The Ontario Court of Appeal’s most recent case involving an employee’s privacy rights in the workplace provides that Section 8…
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Working for Workers Rights – Digital Platform Workers Rights
We live in a world that is becoming increasingly digital including how we order a pizza, groceries, and get around…
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Canadian Banks Drop Vaccine Mandates
Canada’s “Big Five” banks have all either suspended or removed their mandatory COVID-19 vaccination policies. As of Spring 2022, COVID-19…
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Can a Refusal to Vaccinate Get You Fired for Just Cause?
Ever since vaccines have become widely available, many employers have implemented mandatory vaccination policies. Recent arbitration decisions like Unifor Local…
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Mental Health at Work
Studies show that approximately 1 in 5 Canadians struggle with a mental health issue, and many of these issues manifest…
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Employee Rights on Election Day – Ontario Provincial Election 2022
Thursday, June 2, 2022, is election day in Ontario for the provincial elections. Employees who would like to exercise their…
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Does Your Workplace Have a Right to Disconnect Policy Yet?
Time is ticking for many employers to get a written Right to Disconnect policy into place. Ontario added new requirements…
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Can an Employer Recall Laid off Employees and Workers?
As COVID-19 restrictions loosen, many employers are in the process of recalling employees that were laid off over the pandemic. …
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Deloitte Reversing COVID-19 Vaccine Mandates
The announcement that Deloitte is reversing COVID-19 vaccine mandates signals the crossroads at which many employers find themselves as society…
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Ontario Government to Introduce Legislation Addressing Electronic Monitoring
On February 24, 2022, the Ontario government announced its plans to introduce new legislation that would require larger employers to…
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When it comes to vaccine mandates, how do unionized workers differ from non-unionized?
Special to The Globe and Mail Some unions may be headed for a breaking point in Canada. The imposition of…
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The Ontario Working for Workers Act, 2021: Right to Disconnect
The Ontario government has proposed legislation today – Working for Workers Act, 2021 that, if passed, would help workers adjust…
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Who is Responsible for COVID-19 at Work?
Generally speaking, it would be very difficult to prove that one individual has infected another with COVID-19 given the widespread…
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Vaccination Policies at Work: Can You be Fired for Refusing a COVID-19 Vaccine?
Employers’ duty to maintain workplace safety with vaccination policies in place Employers have a duty to provide a safe workplace…
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What is The Canada Recovery Hiring Program And How it Works
The Canadian government has announced its Budget 2021, which includes the introduction of the new Canada Recovery Hiring Program (CRHP).…
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Vaccination Status of Co-workers – Can I Ask My Colleague About Their Vaccination Status?
As more employees consider going back to the office, or are called back by their employers, many are interested to…
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Proof of Vaccination for In-Office Work
As more Canadians receive their COVID-19 vaccinations, employers may be wondering whether they can ask for proof of vaccination to…
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Ontario Announces Mandatory Paid Sick Leave for COVID-19 – Here is How it Works
The Ontario government has announced a temporary plan that will provide up to three paid sick leave for COVID-19 for…
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Ontario to Give Three Paid Sick Days to Employees
Following months of demands for sick pay coverage, the Ontario government has announced a temporary plan that will provide up…
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COVID-19: Paid Sick Leave Needs to be Targeted
Daniel Lublin, an Employment Lawyer, talks with CP24 about paid sick leaves in Ontario. Q: What is the difference between…
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Ontario Paid Time Off for Vaccination
As the COVID-19 vaccine continues to roll out in Canada, all provinces are taking steps to promote it by giving…
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COVID-19 Provincial Antigen Screening Program
The Ontario government is taking steps to make it easier for employers to test for COVID-19 in the workplace by…
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Uber’s Flexible Work+ – Uber Canada Proposes Changes to Labour Laws
Uber Canada announced that it is seeking support from the provinces to change the employment regulations affecting its workers. These…
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CEO of the Canada Pension Plan Resigns After Receiving COVID-19 Vaccine in Dubai
Mark Machin resigned as CEO of the Canada Pension Plan Investment Board. The chief executive responsible for managing the Canadian Pension Plan, Mark Machin, resigned…
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Work Life Balance During COVID-19: Employees Are Working Longer Hours at Home
The COVID-19 pandemic has changed how we work in many different ways. For many people, this has meant an adjustment…
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Monitoring Employee Activity at Home: A Breach of Privacy?
As the COVID-19 pandemic continues, we are seeing increased use and reliance on techniques that help in monitoring employee activity…
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Child Care During COVID-19: Workplace Laws For Parents
Daniel Lublin, Special to The Globe and Mail Child care during COVID-19 can be a delicate balancing act for working…
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Can You Get Fired for Attending a Protest?
Protests and rallies are nothing new; however, the beginning of 2021 saw some extreme protests – Capitol Hill in the…
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Monitoring Employee Activity on Work Computers at Home
COVID-19 has brought about many changes to the way we work, whether that be modified office protocols or working from…
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Can My Employer Force Me To Take a COVID-19 Vaccine?
As with many workplace law issues, whether an employer can make it mandatory that employees get the COVID-19 vaccine will…
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Can a Request For More Medical Information in The Workplace be Regarded as Discrimination?
It is not always appropriate for employers to request doctor’s notes from employees. Done improperly, there is a risk that…
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The Hospitality Industry During COVID-19: Reopening The Economy
The hospitality industry during COVID-19 faces unique challenges to resuming normal business operations, specifically owing to the inherent in-person nature…
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Changes to Employment Insurance (EI) Maternity and Parental Benefits
On September 27, 2020, the federal government of Canada will implement changes to its Employment Insurance (“EI”) programs. Currently, the…
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Accommodation Issues Impacted by COVID-19: Re-Opening During the Pandemic
As the economy gradually re-opens in Ontario, there are a few accommodation issues impacted by COVID-19 that both employers and…
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Majority of Canadians’ Work Refusal Claims Being Denied Amid COVID-19
CTV NEWS As Canadians head back to work after spending months at home, new data suggests that some provinces are…
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Parenting During COVID-19: Child Care Accommodation For Employees
As more employees are recalled back to work, parenting during COVID-19 is quickly becoming a pressing concern. Human-rights laws across…
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Changes to The Ontario Employment Standards Act, 2000: BAD News For Employees
Very BAD news for employees: Ontario Government removes statutory rights in new pro-business COVID-19 regulation 228/20. A large number of…
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10 Days Paid Sick Leave – COVID-19 Updates
Prime Minister Trudeau announced on Monday that he will be pushing the provinces to allow workers up to 10 days…
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Your Work Rights Amid COVID-19 Concerns
COVID-19 concerns are rising around the world, and companies in Canada are now reviewing policies around employee travel and when…
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Preparing For (COVID-19) Coronavirus Pandemic at Work
Amidst growing concerns about the spread of COVID-19, commonly called the Coronavirus pandemic, what workplace provisions exist for employers and…
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Employment Lawyer Discusses ETFO Strike’s Impact on Parents and Employees
The Elementary Teachers’ Federation of Ontario (ETFO) which represents some 83,000 educators will be hitting the picket lines this week…
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Discriminated Against at The Workplace Due to Coronavirus?
There have been reports of people being discriminated against at the workplace due to Coronavirus along with Xenophobia (dislike of…
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Racism & Discrimination Spreading With The Fear of Coronavirus
The World Health Organization has declared a global emergency for the spread of the Coronavirus from Wuhan, China and the…
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Cannabis Use at Work? Can You Get Fired ?
More than a year has passed since the Federal government legalized cannabis, signaling a culture-shift in society’s attitude towards marijuana…
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When does a consensual workplace relationship become an employer’s business?
DANIEL LUBLIN, SPECIAL TO THE GLOBE AND MAIL Office romance, even when it is a consensual workplace relationship, can ignite…
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Talking Politics at Work – Canada Election 2019
With the Canada Election 2019 approaching, employers would be wise to understand their rights and obligations when it comes to…
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Time Off to Vote – Employee Rights Under Ontario Laws
Upcoming Federal Elections 2019 The 42nd Parliament is now dissolved and the 2019 Canadian federal election is fast approaching with…
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Accommodation for Family Status Grounds: Most Overlooked Accommodation Obligation
One of the most overlooked obligations regarding human rights and accommodation is family status. This is a broad term, which…
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Is Excluding Medical Marijuana Coverage From Benefits Discriminatory Under Human Rights Law?
Individuals receiving services are protected from discrimination on the basis of illness and/or disability under human rights law. In Ontario,…
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Criminal Records: Can my past come back to haunt me when looking for a new job?
In order to determine whether a past action can be detrimental to future employment opportunities, one must ask: was the…
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Intersection Between Personal Emergency Leave And The Duty to Accommodate
Under the Employment Standards Act (ESA), employees have the right to 10 days of job protected time off for personal…
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Canada Labour Code: Can an Employer Claim Layoff for an Employee Returning from Illness/Injury?
The Canada Labour Code (The Code) applies to employees working within federally regulated industries. This includes industries such as telecommunications,…
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Personal Emergency Leave Time In Ontario – Clarifying Ambiguities
Under the Employment Standards Act (2000) in Ontario, employees are entitled to 10 Personal Emergency Leave (PEL) days. This is…
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Intoxication at Work: Is this cause for dismissal?
Generally speaking, courts have been more sympathetic towards employees dismissed for intoxication; this is due to human rights tribunals viewing…
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Refusing Unsafe Work In Ontario
Workers in Ontario covered under the Occupational Health and Safety Act have a right to refuse, reasonably believed unsafe work…
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What is Ethnic Discrimination in the Workplace?
Ethnic discrimination occurs when an employee is treated different than his or her colleagues based on their ethnicity in a…
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When is Domestic Violence an Issue of Workplace Health and Safety
It may not be well known, but there are instances where domestic violence is an issue of workplace health and…
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Sexual Harassment After Work Hours – Can a Manager be Disciplined?
It may be commonly perceived that unacceptable conduct in relation to the workplace only extends as far as the physical…
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Constructive Dismissal: Some common signs and considerations to make
Constructive dismissal is a legal term that means the employer imposed changes upon the working relationship that caused the employee…
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At what point is the duty to accommodate no longer necessary for an employer under human rights law?
Under human rights law, an employer must accommodate an employee if a workplace policy or job requirement effectively discriminates against…
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Medical Marijuana Use in a Safety Sensitive Workplace: Can an Employer Deny an Employee Use?
Medical marijuana may be prescribed for several medical reasons. Under human rights law in Ontario, workers have a right not…
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What age discrimination looks like in the workplace
“We do not want to invest in someone who will retire so soon.” “Perhaps you would benefit from working with…
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5 Things That Make For a Hostile Work Environment
A hostile work environment is created when an employer or colleague behaves in such a way that it is difficult…
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What to do about Bullying in the Workplace
Bullying was unacceptable when you were a kid on the playground. It is no different that you are adult in…
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What You Can Do About A Hostile Work Environment
A hostile work environment is distressing for employees and costly for employers. Fortunately, the law provides many ways to combat…
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Two Years of Severance Awarded to Dedicated Employee
Daniel Lublin was once again successful in obtaining one of the lengthiest severance awards for an employee in Ozorio v.…
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Important Internship Laws for Employers and Interns
In 2014, Ontario’s Ministry of Labour conducted an inspection blitz in connection with unpaid internships. Of the 56 companies investigated,…
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Accommodating Mental Illness in the Workplace
Accommodating mental illness is an extremely complex area for employers to navigate. Unlike physical disabilities, the need for a mental…
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Know Your Religious Rights in the Workplace
Employees have a right to be free from discrimination in the workplace that is based on their religious rights. Discrimination…
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Bias in the Workplace
Bias in the workplace is often problematic but it is not on its own illegal. For example, it is not…
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Parental Leave For Fathers
What are your options when it comes to parental leave for fathers? In the past, many families assumed that dad…
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Recognizing Signs of Discrimination in the Workplace
The most common form of discrimination in the workplace is not immediately obvious and you may not even realize that…
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What You Need To Know About Medical Marijuana in the Workplace
Many people are prescribed marijuana to cope with health conditions, such as chronic pain, cancer, and sleeping disorders. As the…
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The Rise of Age Discrimination Lawsuits and Their Effect on Employers & Employees
Age discrimination is where an employee is treated differently, or unequally, in the workplace on the basis of his or…
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Equal opportunity employment
Equal opportunity employment is important and is in line with the employment equity goals of the Charter of Rights and…
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Can an Employer Terminate an Employee Who is Ill?
Question: I was fired through email, while undergoing cancer treatment! I believe I was let go because I had to…
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Changes to the Human Rights Code and its impact
In light of the 2008 changes to the Human Rights Code (Code), it is possible for an employee to file…
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Addictions in the workplace- can I fire my alcoholic employee?
The workplace environment brings a number of people together under one roof which may include employees with addictions. There are…
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Should I tell prospective employers about my disability?
Disability is a factor that can affect your job search efforts. For instance, there are disabilities classified as “invisible” disabilities…
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An employee’s legal rights to disability payments
An injury or health complication can cause an employee to seek disability payments and/or modified work. Where disability plays a…
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Employment and accomodation for your injury
No one can decide the best timing for an injury. When your employment and employment duties become affected by your…
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Your employment rights regarding mental illness therapy
An employer-employee relationship can be impacted as a result of mental illnesses. Depending on the diagnosis, these illnesses sometimes require…
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Is Mandatory Retirement Legal?
Every employee is entitled to be protected and accommodated according to the law, based on certain grounds. Two grounds for…
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Is favouritism a legal element for promotion?
The workplace is an environment where favouritism can build. The real question is, is it legal to promote someone based…
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What are my Vacation Rights?
With long weekends coming around some employers might decide to substitute a working day for a vacation or an unpaid…
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Publicly criticizing your employer – Is it considered misconduct?
Nothing is more public than expressing your work frustrations and criticizing your employer on social media sites and the internet. …
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Dealing with unpleasant issues in the workplace
In almost every workplace you will find employees with different backgrounds, habits and styles that can be distracting or annoying,…
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