As the workforce becomes more and more diverse, sexual orientation and gender identity have become very hot topics in discussions regarding employee rights. It may be surprising to learn that neither is considered a protected class under current federal employment discrimination law in the United States.
At last count, however, 32 states, including the District
Recently, allegations of sexual harassment in the kitchen of a trendy Toronto restaurant have ignited a dialogue about workplace harassment. While this doesn’t excuse it, industry veterans aren’t surprised by the complaint, saying that many of Canada’s restaurants have a workplace culture that is overwhelming male, close-knit, and full of sexualized banter.
The employee
The Manitoba government is introducing new amendments to the Workers Compensation Act that would make it easier for employees to have post-traumatic stress disorder (PTSD) recognized as a work-related occupational disease. The legislation does that by creating the presumption that workers suffering from PTSD received the illness from the job, if diagnosed by a medical
The legal context
Under French employment law, employees’ representatives such as staff delegates or members of the works council enjoy a specific protection. In particular, if an employer wishes to dismiss such an employee, it must comply with a specific procedure which requires, inter alia, obtaining authorization from the Labour inspector. In this context, the
The British Columbia Human Rights Tribunal recently considered the types of accommodations employers are required to make with regard
The employee, a teacher with the Coquitlam School District, filed a complaint with the Tribunal alleging that her employer’s failure to provide a scent-free work environment amounted to discrimination on the basis of physical disability, contrary
The Full Court of the Federal Court of Australia has found that an employer breached the contract of employment by failing to give a payment under the terms of its discretionary bonus plan. The plan had become part of the contact of employment and the employer was required by an implied term of the contract to refrain from exercising the discretion capriciously, arbitrarily or unreasonably.
This article was written by Caleb Jones, a Candidate Attorney at Norton Rose Fulbright South Africa
Over the past decade there has been an explosion in the development of social media platforms. Facebook, Twitter, and Instagram are a few of the social media platforms that have emerged as popular sites in the public
As set out in an earlier blog article, a majority of submissions to the National Transport Commission’s Duties Review Discussion Paper (the NTC Discussion Paper), received in January and February 2015, have provided tentative support to amending chain of responsibility legislation in order to mirror the work health and safety legislative approach.
On June 1, 2015, the Supreme Court of the United States, in EEOC v. Abercrombie & Fitch Stores, Inc., held that an employer need not have actual knowledge of the need for religious accommodation to be liable for a hiring decision if the employer refuses to accommodate a perceived need for a religious accommodation.
A recent decision of the Federal Court has affirmed the importance of a Federal government employee’s right to procedural fairness.
The dispute centred around whether an employee, in appealing his annual performance review, was entitled to see documents explaining his appraisal. The employer, a federal agenct, utilized what is often referred to as a “pay-at-risk”