The rights and freedoms of trans people currently dominate certain news cycles, and for good reason. The American Civil Liberties Union is tracking 118 anti-trans health care bills in the U.S., along with a variety of trans athlete bans, public accommodation bans, and education gag orders about gender identity and expression.
Most organizations allow employees to use some degree of discretion (i.e., use their own judgement) when making hiring, promotional, and pay decisions. I have noticed a trend in several of my recent investigations, which is that the exercise of managerial discretion became a source of friction and …
One question that often arises when addressing incidents of discrimination or harassment under human rights legislation is who is liable. This issue arose in a recent decision of the Ontario Superior Court of Justice, Incognito v Skyservice Business Aviation Inc., …
Language discrimination is a harmful reality in many workplaces, and employers need to be proactive in not only preventing it, but in celebrating and promoting language diversity. In a world where 281 million people live in countries other than where they were born, and with a record number of Canadians (13%) reporting a first language other than English or French, this issue is more important than ever. The rise of controversial new voice-altering technology, which perpetuates existing hierarchies about who speaks English with the “right” accent and who does not, adds to this urgency.
If you are an investigator like me, you may have noticed the term “white fragility” has emerged in some of your cases, especially when the investigation involves claims of race-based harassment and/or discrimination. This may be as part of a complainant’s allegation, as in the respondent engaged in “white fragility,” or as part of a respondent’s response, as in “this is not a case of ‘white fragility’.” The concept has sparked much debate, as not everyone agrees with it.
In the world of workplace investigations, we often hear of adopting a trauma-informed approach in sexual harassment cases. We especially heard this during the #MeToo movement, and, indeed, it was necessary.
In the summer of 2020, there was an incident involving a City of Toronto Municipal Standards Officer, Michael Rushton, and two Black women, Eva Amo-Mensah and Deborah Ampong (the “complainants”).
As awareness and understanding of gender diversity grows, more transgender, non-binary, and gender non-conforming persons are feeling supported and empowered to express their gender identities in the workplace.
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