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Despite the ongoing political debate regarding DEI initiatives and the decision by some organizations to de-prioritize or even dismantle them, systemic discrimination continues to be a known pervasive issue within organizational structures in Canada.
Les droits des personnes trans* subissent des reculs préoccupants à travers le monde. Aux États-Unis, les interdictions visant les personnes trans* se multiplient : restrictions à l’accès aux soins d’affirmation de genre, exclusion des compétitions sportives féminines, interdiction de servir dans l’armée …
Trans rights are facing alarming setbacks around the world. In the United States of America, there has been a recent wave of bans targeting trans people: from restricting access to gender-affirming care, to barring participation in women’s sports and military service.
In my last blog, I wrote about different types of employee misconduct, other than harassment and discrimination, that may warrant an investigation; for example, conflicts of interest, time theft, fraud, and the disclosure of confidential information.
If you have encountered an allegation of ageism while conducting a workplace investigation, chances are that it involved an older employee who was passed over in favour of someone younger.
For many years prior to joining Rubin Thomlinson LLP, my work involved the investigation of matters that did not relate to harassment or discrimination. I held in-house roles in the private and public sectors that involved the oversight of whistleblower programs.
Employers and workplace investigators face a continually-evolving understanding of “discrimination” under the Ontario Human Rights Code (the “Code”). In recent years, the case law has recognized that discrimination can occur in a wide variety of forms, often subtle and indirect.
A random question occurred to me the other day, “Could disciplining an employee due to their body odour be a form of discrimination?” This question occurred to me when I did a double take reading the headline of the Washington Post article, “Lawsuit says American Airlines kicked 8 Black men off plane, citing body odor.”
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