Gender pay inequality remains a topical issue in France despite the introduction of numerous pieces of legislation intended to suppress the persistent pay gap in average remuneration between women and men. Although French employment law theoretically prohibits any discrimination based on gender and requires that employers ensure equal remuneration between women and men occupying a
Discrimination and harassment
Fair P(l)ay in Germany? – What measures are in place (or proposed) to address gender pay inequality in the workplace
This post was also contributed by Ebru Tirel, Trainee, Norton Rose Fulbright LLP (Munich).
In Germany, “Equal Pay Day” is widely observed. It marks the day from which women are deemed to start to earn wages in that calendar year, where men have started to earn wages since January 1st. This year, Equal Pay Day…
OHRC Takes a Stand on Gendered Dress Codes
The Human Rights Commission of Ontario (“HRCO”) very recently clarified its stance on gender-specific dress codes by issuing a policy position on the subject. The policy takes aim at sexualized dress codes found mainly in the restaurant and bar industries. Of particular concern to the HRTO were any formal or informal policies requiring…
Vicarious liability for sexual harassment
This article was written by Steven Adams, an Associate and Hermann Nieuwoudt, a Director at Norton Rose Fulbright South Africa
The Eastern Cape High Court has developed the common law and expanded the circumstances in which an employer may be held vicariously liable for its employee’s sexual harassment of another employee.
Phil-Ann Erasmus was employed…
EEOC continues its efforts to incorporate sexual orientation and gender identity into Title VII protections
On March 1, 2016, the EEOC filed two cases with one clear goal: to expand the meaning of “sex” under Title VII. In EEOC v. Scott Medical Health Center, P.C., Case No. 2:16-cv-00225-CB (W.D. Pa.), the agency alleges that the defendant harassed an openly gay male employee because of his sexual orientation, thereby committing…
The pay differential war
This article was written by Jose Jorge, a Director and Steven Adams, an Associate at Norton Rose Fulbright South Africa
On 19 April 2016 the Labour Court (Court) handed down judgment in one of the first appeals to be decided in terms of the newly enacted section 10(8) of the Employment Equity Act…
Parliament takes on pay equity in the workplace
On Wednesday, February 3, 2016, the House of Commons adopted a motion forming a new Special Committee on Pay Equity (Comité spécial sur l’équité salariale in French) [the “Committee”]. The motion was passed with 224 votes in favour and 91 against.
The Committee’s mandate includes, but is not limited to, taking legislative…
Record Award: Ontario Human Rights Tribunal Awards $150,000 in Compensation
In an unprecedented decision from last May (and worth discussing again), the Ontario Human Rights Tribunal (the Tribunal) awarded a migrant worker $150,000 in compensation for injury to her dignity, feelings, and self-respect under the Ontario Human Rights Code (the Code) as a result of sexual harassment and reprisal at the hands of…
Covert Video Surveillance Overturns Wrongful Dismissal Case
In a preliminary award, an Ontario arbitrator allowed covert video surveillance footage to be used as evidence in a wrongful dismissal grievance. The complainant, Mr. Donnelly, was one of three elementary school custodians dismissed for allegedly smoking marijuana, adjacent to school grounds during working hours.
The wrongful dismissal case between Ottawa-Carleton District School Board and…
Should employers go to jail for genetic discrimination?
Bill S-201, An Act to prohibit and prevent genetic discrimination, is currently being reviewed and debated by the Senate Standing Committee on Human Rights. If passed, this Bill would impose quasi-criminal sanctions for genetic discrimination in the workplace, meaning that employers could face significant penalties in the future, including imprisonment. While the principle…