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Serious insight for serious situations.

Serious insight for serious situations.

Put on your lens! The importance of having a critical race theory (CRT) lens when conducting a race-based workplace investigation

Like many of you, over the last couple of years, I have been hearing the buzz around the ban of the now controversial critical race theory (CRT) from some of our neighbours south of the border.

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Rumour. Gossip. Hearsay.

Sometimes, allegations of workplace misconduct will be clearly articulated and will be backed up by first-hand evidence of inappropriate behaviour or harassment, and employers will take the appropriate steps to conduct a fair and impartial investigation to determine whether such allegations are well founded.

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Respect at Work Training – why now?

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…

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Raising allegations of discrimination in the workplace: Is it what you say, or how you say it?

In October 2021, my colleague Dana Campbell-Stevens wrote a blog in which she addressed how the law views an individual’s gut feeling about being a victim of discrimination. A recent case from the Saskatchewan Court of Appeal, Thomas v. Saskatchewan Indian Gaming Authority Inc., raises issues respecting the potential implications of an individual voicing such a gut feeling.

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Supreme Court revisits what is a “factor” in discrimination

In human rights law, courts and tribunals will often find it useful to determine whether a claimant has established a prima facie case of discrimination. The test requires that the complainant has a protected characteristic under the relevant human rights legislation; that the complainant suffered disadvantage or adverse impact; and that the protected characteristic was a factor or had contributed to the disadvantage or adverse impact.

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