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Serious insight for serious situations.

Serious insight for serious situations.

The dismantling of DEI programs: A lawyer’s response

It is a difficult time for anyone who works in the human rights space, like we do at Rubin Thomlinson LLP. Diversity, equity, and inclusion (DEI) programs are severely under attack and are being dismantled, at least south of the Canadian border, in the public and private sectors. I fear that Canada is not far behind.

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Who is impartial? Reflections on Toronto Metropolitan Faculty Association v. Toronto Metropolitan University

One of our core responsibilities as workplace investigators is to be impartial. The reasons for this are probably obvious: if we were to conduct an investigation with a predetermined idea of the outcome, or if we were to favour one party over the other, our investigation would not be fair, and participants would have no reason to trust in the integrity of the investigation process.

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Does your organization have investigation overwhelm? Here’s how you can tell.

There is no question that internal investigations are resource intensive. They need to be done fast, but thoroughly. They need to be done by people who have an appropriate skill level. Parties to an investigation need to be treated fairly and in a manner that is trauma informed.

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“No sticker for you!”: A uniform trumps the right to wear a rainbow sticker, Tribunal rules

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.

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Quelques décisions du Québec que vous devriez connaître, partie 2 : L’affaire Guillaume, ou ce qu’il ne faut pas faire quand vos employés réagissent au racisme en emploi

La jurisprudence québécoise regorge de décisions particulièrement intéressantes pour les personnes menant des enquêtes en milieu de travail et pour les employeurs.

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Three tips for ensuring your investigation reports do not encourage employer missteps

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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