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Serious insight for serious situations.

Serious insight for serious situations.

Insights

Reflections and news direct from Rubin Thomlinson.
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Investigations involving white fragility

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. 

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Ontario to regulate campus employee-student sexual misconduct with Bill 26

On October 27, 2022, the Ontario government announced Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022 (“Bill 26”). Beyond finalizing the legal name change of the former Ryerson University to the now Toronto Metropolitan University, Bill 26 proposes new rules on how Ontario post-secondary institutions (“PSI” or “PSIs”)…

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‘Tis the season… for workplace investigations? | Joyeuses… enquêtes en milieu de travail ?

Holiday season is almost here, and as workplace investigators, we know that during office holiday parties, some employees, managers, or directors who may have had one or two too many drinks sometimes engage in different types of misconduct – including vexatious comments or jokes, and unwelcome sexual advances or physical contact – that negatively impact individuals and that can even poison the work environment. This is borne out by the case law.

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Don’t touch my hair!: A guide to investigating race-based hair discrimination

Growing up as a young Black girl in a predominately White town, I always wore what we call in the Black communities a “protective hair style.” Specifically, I grew up wearing the single braid hairstyle to protect my hair from breakage caused by Old Man Winter.

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A workplace investigator’s thoughts and takeaways on a recent NBA investigation

If you’re a fan of the NBA (“the League”), as I am, you may have heard about two high profile stories that sprang up during the off-season. In the Western Conference, Robert Sarver, the owner of the Phoenix Suns , was suspended for one year and fined $10 million, following a large investigation into allegations of racism, misogyny, and bullying in the workplace (the details of which I will briefly get into later).

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