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Serious insight for serious situations.

Serious insight for serious situations.

Human rights: 25 Years in review

Some months ago, I was asked to speak at the Human Resources Professional Association’s HR Law Conference to be held in Toronto on October 20, 2016. My task was to identify the notable developments in workplace human rights over the last 25 years. This was no mean feat. There were so many cases to consider.

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Miscarriage as a “disability” is a good reminder for employers

It’s not entirely surprising that the Ontario Human Rights Tribunal (the OHRT) rendered a decision recently, holding that a miscarriage constitutes a “disability” for human rights purposes.  What is perhaps less clear is what this will mean for employers. Winnie Mou brought a human rights application against her former employer, MHPM Project Leaders, alleging discrimination

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Understanding creed

Recently, the Ontario Human Rights Commission released its Policy on preventing discrimination based on creed, updating their previous creed-related policy from 1996. Like other recent Commission policies on topics such as gender identity/expression and family status, the Policy provides clarity on the definition of the ground, while also providing guidance for employers on specific situations

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More on childcare: When saying no is not discriminatory

I recently blogged about a case (Clark v. Bow Valley College 2014 AHRC 4) in which an employer was found by the Human Rights Tribunals of Alberta to have discriminated against an employee on the basis of her family status.  The Tribunal concluded that the College had not accommodated the employee when she asked for her

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Calgary college fails to accommodate employee’s childcare needs: Tribunal orders substantial damages for human rights breach

A recent case from the Human Rights Tribunals of Alberta is an example of how childcare is quickly becoming a hot human rights issue in the post Canada (Attorney General) v. Johnstone [1] workplace. Readers will recall that in Johnstone, the Federal Court of Appeal articulated a four part test for prima facie discrimination in family

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