Tag archives: discrimination

Local doesn’t make the grade: The need to accommodate employees with anxiety when writing qualifying exams

John Betts, (the “Applicant”) was a carpenter and member of the United Brotherhood of Carpenters and Joiners of America, Local 1256 (the “Union”). While the parties were not engaged in a traditional employer-employee relationship, the Applicant was protected from discrimination by the employment related sanctions of the Ontario Human Rights Code (the “Code”). Like most … Continue reading

Proposed amendments to the Ontario Human Rights Code include new prohibited grounds of discrimination

On October 4, 2017 Bill 164, The Human Rights Code Amendment Act, 2017 was introduced into the Ontario Legislative Assembly and passed First Reading the same day. If enacted, it would expand the prohibited grounds of discrimination in the Ontario Human Rights Code (the “Code”) to include immigration status; genetic characteristics; police records; and social … Continue reading

I’m sick of this!  But not of that:   Can you fire an employee for working another job while on sick leave?

An employee may be disciplined (including fired) for fraudulent sick leave, but does this include an employee working another job while on sick leave?  Possibly, though employers should exercise caution before pulling the trigger. In United Food & Commercial Workers, Local 1518 (Sidhu Grievance) v. Sobeys West. Inc., [2016] B.C.C.A.A.A. No. 148 [“Sidhu”], the grievor, … Continue reading

Employers may be justified in requesting an independent medical examination as part of the procedural aspect of the duty to accommodate

  Jurisprudence on independent medical examinations (IME) in the context of the employer’s duty to accommodate is sparse.  The Ontario Superior Court of Justice recently provided much-needed guidance in Bottiglia v Ottawa Catholic School Board.  In Bottiglia, the Court held that in certain circumstances, an employer may be justified in requesting an IME as part … Continue reading

UK Employment Tribunal Fees Unlawful

The Supreme Court in the UK handed down its judgement on 26 July 2017, holding that the introduction of fees in the Employment tribunals prevents access to justice and is unlawful under both domestic and EU law. This is a very significant decision in the field of employment law and the enforcement of employment rights. … Continue reading

An important decision on the implementation of drug and alcohol policies in safety-sensitive workplaces issued by the Supreme Court of Canada

Yesterday, the Supreme Court of Canada issued a much awaited judgment on an appeal from an Alberta Court of Appeal decision in the Stewart v. Elk Valley Coal Corp. case. Mr. Stewart (the Appellant) worked in a mine operated by the Elk Valley Coal Corporation, driving a loader. As a means to ensure safety in … Continue reading

Do employees who are pregnant or on maternity leave enjoy any special protection in the event of redundancy in South Africa?

Under South African Labour Law, employees who are pregnant or on maternity leave enjoy extensive protection from discriminatory conduct and dismissal if such discrimination or dismissal is directly or indirectly based on their pregnancy. In terms of section 187(1)(e) of the Labour Relations Act, 1995 (LRA), any dismissal based on pregnancy is an automatically unfair … Continue reading

Do employees who are pregnant or on maternity leave enjoy any special protection in the event of redundancy in France?

As is the case in many other countries (particularly countries in the European Union, which are covered by EU Directive 92/85/CEE dated 19 October 1992), France has implemented a full set of rules with the goal of protecting pregnant employees or employees on maternity leave against illegitimate termination of their employment contract. These protections also … Continue reading

How are pregnant employees in California protected in the event of a redundancy?

Both federal and California laws provide numerous safeguards to protect pregnant employees before, during, and after childbirth. Protections include prohibitions against discrimination during hiring and employment, and against termination based on pregnancy or pregnancy-related conditions, even if legitimate bases also exist for the employer’s conduct. When federal and California laws differ, the employer must provide … Continue reading

Do employees who are pregnant or on maternity leave enjoy special protection on redundancy?

It is not unlawful in itself to make an employee redundant who is pregnant or on maternity leave. This means that, subject to the special protection enjoyed in respect of alternative employment referred to below, the fairness and lawfulness of the redundancy dismissal will be determined in the same way as other redundancy dismissals. So, … Continue reading

Disability Discrimination on recruitment

It is not only employees who have the right to claim discrimination: Applicants for employment can also be discriminated against. Employers must therefore ensure that any recruitment process is not discriminatory. A recent case of Government Legal Service –v- Brookes considered a recruitment process to the Government Legal Service (GLS).  Applicants to that service are … Continue reading

Butt out! (ergonomically speaking): British Columbia Court of Appeal outlines management and union rights in employee accommodations

On February 28, 2017 the British Columbia Court of Appeal issued a decision that should be welcomed by unionized employers dealing with accommodating employees.  In Telus Communications Inc. v. Telecommunications Workers’ Union, 2017 BCCA 100 the issue was whether the employer was able to deal directly with its unionized employees when attempting to accommodate those … Continue reading

Expanding definition of “sex discrimination” under Title VII

The Judiciary continues to act where Congress will not All employment attorneys—and most employers—know that Title VII bars discrimination based on certain enumerated personal characteristics: race, color, religion, sex, and national origin. It has long been the case that “sex” meant biological sex only, i.e., discriminating against a woman because she is a woman, or … Continue reading

Not on the Menu: Ontario Human Rights Commission releases findings from restaurant dress code inquiry in new report

The Ontario Human Rights Commission (the “Commission”) recently released the findings from its inquiry on sexualized and gender-specific dress codes in a report entitled, Not on the Menu: Inquiry report on sexualized and gender-based dress codes in Ontario’s restaurants. A series of complaints from restaurant workers prompted the Commission to release a policy position in … Continue reading

Ontario Human Rights Tribunal: Subjective belief can trump facts

Chodha v. 1352866, 2016 HRTO 1241 demonstrates that human rights tribunals will consider an employer’s bona fide subjective belief in deciding whether the employer has provided a reasonable explanation for apparently discriminatory conduct. Indeed, the employer’s belief may take precedence over factual circumstances, as they did in this case. The case involved the termination of … Continue reading

An Employer’s Limited Access to Medical Documentation for Accommodation Requests

In a policy statement released early last month, the Ontario Human Rights Commission (the “Commission”) clarified its position on the scope of medical documentation that employees need to provide when making disability-related accommodation requests to their employers. The policy statement supplements the existing Policy on Ableism and Discrimination Based on Disability, and reminds employers that … Continue reading

Medical Marijuana and Health Benefit Plans

On January 30, 2017, a Board of Inquiry, formed as part of the Provincial Court of Nova Scotia, issued its decision in Skinner v. Board of Trustees of the Canadian Elevator Industry Welfare Trust Fund, which found that the denial of an employee’s request for coverage of medical marijuana under a health benefit plan amounted … Continue reading

Update regarding protection against religion-based discrimination in France

In France, the issue of religious behavior in the workplace is extremely sensitive. The principle under French employment law is that while public sector employers are required to enforce a policy of strict neutrality, in private sector companies, a balance must be maintained between the principle of secularism and the prohibition of discrimination based on … Continue reading

New protection of French whistleblowers under the Sapin II Law

Much attention was focused recently on President Obama’s decision, in the final days of his presidency, on commuting the sentence of Chelsea Manning, who provided certain classified information to WikiLeaks. In France, new legislation has recently been passed and implemented harmonizing the protection of whistleblowing employees (https://www.legifrance.gouv.fr/affichTexte.do;jsessionid=4BBFD240827AF0FD9A6340FF254E6F1B.tpdila21v_3?cidTexte=JORFTEXT000033558528&categorieLien=id). Who is concerned? Under the new regulation, whistleblowers … Continue reading

Women who have suffered workplace discrimination in the RCMP may soon be compensated for decades of mistreatment

Since 2012, two class action lawsuits have been filed against the Royal Canadian Mounted Police (RCMP).  The lawsuits allege that current and former female officers and employees were subject to systemic gender-based bullying, discrimination, and harassment in the workplace, causing the affected women to suffer physical and psychological damage, personal expense, and loss of income, … Continue reading
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