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Serious insight for serious situations.

Serious insight for serious situations.

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To Serve And Protect? The Racial Discrimination of a 6-Year-Old Girl By Peel Police

Racial discrimination can often be subtle and difficult to detect, particularly in fluid and dynamic situations such as those involving law enforcement. But as a recent Ontario Human Rights Tribunal decision indicates, police action that is ostensibly intended to maintain public safety can nonetheless amount to race-based discrimination.

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Employer Liability Flowing from an Unreasonable & Inadequate Workplace Investigation

In a recent decision of the Human Rights Tribunal of Ontario [AB v. 2096115 Ontario Inc. c.o.b. as Cooksville Hyundai, 2020 HRTO 499 (CanLII)], the Tribunal highlighted how an inadequate and unreasonable internal workplace investigation by an employer could result in a breach of the Human Rights Code R.S.O. 1990, c. H.19 (Code).

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Legal Principles in Discrimination Investigations

The breadth of human rights cases may make it seem daunting for investigators to delve into the legal principles relating to discrimination. However, as workplace investigators, it is incumbent upon us to be informed of these principles. We have summarized in this blog some legal principles that can help guide the investigation process and decision-making in discrimination cases (of course, these have to be considered in conjunction with whatever discrimination policy applies to an employer’s workplace).

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The New “Normal” Workplace: More or Fewer Complaints? About What?

In Ontario, where I work, we have just entered stage 2 of re-opening the economy, which includes allowing people to return to workplaces that have thus far been closed. Even if a business was deemed essential, and employees continued to work remotely, now that things are “thawing” we anticipate that more employees will return to the physical workplace.

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What Does Anti-Black Racism in the Workplace Look Like: Consider These Three Cases

Last week, my colleague Dana Campbell discussed the difference between racism and racial discrimination, and the ways in which racial discrimination can manifest in the workplace. In the spirit of her article and her quote from Clarence B. Warren – “Everything can be improved” – we review here three human rights cases where anti-black racism occurred in the workplace, what the law told us then, and considerations for how the application of some of these legal principles may evolve going forward.

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