Human Rights Law and Pregnancy
Under human rights law, pregnancy is a protected ground of discrimination under sex/gender. This means that an employer cannot legally terminate an employee because they are pregnant. However, this does …
Human Rights Law and Recruitment Practices: Does This Apply to Recruitment Agencies?
Hiring practices that have a discriminatory effect upon protected grounds under the human rights law are prohibited. Protected grounds include, but are not limited to, gender, family status, religion, creed, …
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 an employee on a prohibited ground. The most common grounds …
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 a wrongful dismissal lawsuit and receive Human Rights damages without …
Human rights claims no longer garden variety
Canadian employers have historically taken an ignorant view of human rights tribunals and their often remarkable decisions. But that may be about to change. Because of sweeping changes to human rights legislation and left-leaning adjudicators directed to interpret remedial legislation, such as employment standards and human rights laws, in a broad and inclusive manner, employers should not be so unconcerned.
Don’t call it "human rights"
Unlike the courts where the loser pays legal costs to the other side, human rights tribunals have no mandate to award legal costs. This serves employees’ interests but not those of their current or former employers. If employees have no risk of losing at trial and paying legal costs, why not pull the trigger on an extensive complaint.
Changes to Ontario’s Human Rights Regime to impact litigants
Since the mid-90’s, dissatisfied litigants of Ontario’s human rights regime have bemoaned its apparent shortcomings. A blend of limitations, owing their origins to the faulty composition of Ontario’s current human rights legislation, have ultimately left discrimination complainants without adequate redress. Complainants before the Human Rights Commission wait years before a resolution is reached, or imposed. Conversely, since the Commission lacks adequate discretion to immediately dismiss unmeritorious complaints, innocent corporate respondents are burdened with defending marginal complaints.
Can hating your job be a human rights issue?
Can hating your job be a human rights issue? It depends. In certain circumstances, an employee who hates working, and the way they are being managed, could raise human rights issues in the workplace.
Saskatchewan Announces the Likely Dissolution of its Human Rights Tribunal
By: Cédric P. Lamarche The Saskatchewan government has recently announced its plan to dissolve the province’s Human Rights Tribunal. According to Saskatchewan’s Justice Minister, Don Morgan, the change could occur …
Human Rights Tribunals’ cause for employers concern
Canadian employers have historically taken an ignorant view of human rights tribunals and their often extraordinary decisions. But that may be quickly changing.