Slurs, name-calling, swearing, yelling, taunting, eye rolling, profane jokes and innuendos, sexual harassment, violence to property or person: these are easily recognized as the types of behaviours which run afoul of workplace codes of conduct and anti-harassment policies.
As lawyers who conduct both workplace investigations and workplace assessments, we often hear from employees who have been the target of workplace bullying.
We’ve been hearing much talk about the “Great Resignation” – specifically, between April and September 2021, more than 24 million American employees left their jobs, an all-time record. While the same hasn’t yet been seen in Canada, experts speculate that this may just be delayed…
Evidence of racial discrimination can be hard to come by. In Ontario, it is settled law that discrimination will more often be proven by circumstantial evidence and inference; the law has also accepted the principle that racial stereotyping will usually be the result of subtle unconscious beliefs, biases, and prejudices.
A recent decision from the Human Rights Tribunal of Ontario shows how an external review body may make such an inference based on flaws in an organization’s investigation.