In a previous post on this blog, we discussed how an employer’s non-compliance with workplace harassment and violence provisions of the Occupational Health and Safety Act resulted in a $70,000 fine ordered against the employer. Recently, the Superior Court reminded employers of the importance of ensuring that a harassment-free workplace is maintained and that all
Health and safety of employees is highly protected in France. Employers are responsible for the prevention of any damage to their employees’ health and safety resulting from their work. Amongst other things, French law requires employers to ensure that their employees are protected from any harassment at work.
But another provision of the French Employment
The U.S. Equal Employment Opportunity Commission (EEOC) has issued its final “Enforcement Guidance on Retaliation and Related Issues” following a six-month public comment period. The guidance replaces the EEOC’s 1988 Compliance Manual section on retaliation.
Workplace retaliation claims have been on the rise in recent years and have been the focus of several
Apart from the well-known Wiki-leaks, recent prominent cases of whistleblowing such as Lux-leaks, the Panama Papers or the case of the German geriatric nurse Brigitte Heinisch, who was dismissed after revealing the ill-treatment of elderly people in a Berlin retirement home, continue to highlight the continued relevance of the topic “whistleblowing”. While this has resulted
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
What responsibilities does a federal employer have to appoint a competent person to investigate a complaint of work place violence under the Canada Labour Code? The Federal Court of Appeal recently released Canada (Attorney General) v. Public Service Alliance of Canada (PSAC), a decision which elaborates on this duty.
In PSAC,
When working with independent contractors or the self-employed, companies should be aware that the Human Rights Code protections may still apply. A recent decision of the Human Rights Tribunal reiterates the fact that discrimination and harassment can be found “with respect to employment” even in the absence of a traditional employer-employee relationship.
The decision dealt
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 legal context
Under French employment law, employers are under a strict duty of care which requires them to ensure the protection of their employees’ health and safety (duty of care), the mere breach of such obligation will trigger their liability even if there is no fault on their part. Such duty of care is