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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.”
La jurisprudence québécoise regorge de décisions particulièrement intéressantes pour les personnes menant des enquêtes en milieu de travail et pour les employeurs.
Québec’s legal landscape is rich with cases that are particularly interesting for workplace investigators and employers, although many remain overlooked due to the lack of English translations.
We often hear horror stories about workplace complaints being handled poorly — instances where employers don’t act, investigators miss the mark, and so on and so forth. I’ll now be the bearer of good news and share what the British Columbia Human Rights Tribunal (“Tribunal”) recently found to be reasonable handling of a complaint in Salanguit v. Parq Vancouver and another.
We speak (and blog and train) often about how to conduct a workplace investigation. However, it’s important to remember that employers need to be aware of their legal obligations relating to when to start one and how to finish it. Two recent decisions provide important information about these investigation bookends.
I was excited when I found out that Usher was performing for this year’s Super Bowl Halftime show. In my opinion, an artist who has been highly underrated, was finally given the opportunity to perform for millions of people on live TV. Usher beautifully executed promotion of his performance, as the commercials highlighted his body of work that I have known since I was young. I may not be a complete NFL fan or “buff.”
Under Ontario’s human rights jurisprudence, when an employee raises a complaint of discrimination, the employer has a duty to address that complaint. The employer’s response to a complaint, including the investigation it undertakes, must meet a standard of “reasonableness.”
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