Discrimination | MacLeod Law Firm

Restaurant Owner Ordered to Pay over $ 40 000 for Refusing to Refer to an Employee as They/Them

Doug MacLeod — Tue, 14 Dec 2021 15:00:07 +0000

An employer cannot discriminate on the basis of gender identity. An employer is required to refer to an employee using the pronoun of the employee’s choice. Refusal to do so is a violation of the Ontario Human Rights Code (the “Code”). An employee can file a no cost, online complaint against the employer under the Code, and seek damages against the employer and the person who refuses to use the…

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Refusing a Disabled Customer Access to Washroom Costs Restaurant $10,000

Doug MacLeod — Tue, 22 Sep 2020 13:29:20 +0000

The Facts A 23 year old woman was born with a physical disability. As a result, she uses forearm crutches to mobilize which helps her with stability. One day she planned to meet some friends at a restaurant. When she arrived, she asked a server to use the washroom which was located downstairs. Unbeknownst to her, earlier a heavily intoxicated customer of the restaurant had fallen down the…

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5 Things To Know about Fair Treatment at Work: Contracts, Harassment, Discrimination and more

MacLeod Law Firm — Wed, 18 Dec 2019 13:45:11 +0000

5 Things To Know about Fair Treatment at Work: Contracts, Harassment, Discrimination and more Most people simply want to be treated with fairness, dignity and respect at work. This blog summarizes five things you can do to make sure this happens including discussion on harassment, discrimination, employment contracts and severance packages. 1. A fair employment contract. If you apply for a…

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Employer who hires job applicant over an employee’s objection ordered to pay the employee >$ 100 000 in damages

Doug MacLeod — Tue, 02 Apr 2019 14:40:43 +0000

In a recent case, a female employee asked her employer not to hire a male executive because he had sexually harassed her when he had been employed earlier. The employer refused, the employee quit, and claimed, among other things, wrongful dismissal damages and punitive damages. This case deals with the conflict between an employer’s right to hire whomever it wishes and its obligation to provide…

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When Should Unionized Employees Consult an Employment Lawyer?

MacLeod Law Firm — Tue, 12 Feb 2019 21:49:52 +0000

Are you a unionized employee dealing with an employment matter but having difficulty finding a lawyer that will assist you? This may be because the rights and recourses available to unionized employees differ from those available to non-unionized employees. To read about how these rights differ, read our previous blog here. In most cases, if you feel that your employer is not complying with…

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Arbitration Update: Employee with an Addiction Who Stole Narcotics is Reinstated

MacLeod Law Firm — Tue, 05 Feb 2019 18:52:31 +0000

In a 2019 arbitration case, a Registered Nurse who was terminated for stealing narcotics and falsifying records was ordered reinstated to her job at a nursing home and awarded compensation because the nurse had a disability. The nurse and her union acknowledged that the nurse’s actions were at the highest level of misconduct for someone in her position and amounted to just cause for termination.

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Will the Pay Transparency Act Narrow the Gender Pay Gap? Bill 57 Halts our Chance to Find Out

Doug MacLeod — Fri, 28 Dec 2018 14:54:53 +0000

Despite pay equity and anti-discrimination laws, female workers in Ontario earn less than their male counterparts. To address this gender wage gap, shortly before 2018 provincial election the Liberal government passed the Pay Transparency Act (“PTA”), putting the onus on employers to publicly report gender pay to build fairer workplaces. It was scheduled to take effect on January 1, 2019.

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Amendments to Increase Human Rights Protections for Ontarians

MacLeod Law Firm — Tue, 04 Dec 2018 15:23:05 +0000

Various members of the Ontario legislature are working to give additional human rights protections to Ontarians. Bill 35, the Human Rights Code Amendment Act, 2018 is a private member’s bill brought by Liberal MPP, Nathalie Des Rosiers. Whereas Progressive Conservative MPP, Christina Mita introduced Bill 40, the Human Rights Code Amendment Act (Genetic Characteristics), 2018…

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Arbitrator Finds Undue Hardship for Employer to Hire an Employee with a Medical Cannabis Prescription in a Safety-Sensitive Workplace

MacLeod Law Firm — Tue, 04 Dec 2018 14:43:40 +0000

With the recent legalization of recreational cannabis across Canada, employers are increasingly worried about its impact on safety-sensitive workplaces. Even though medical cannabis has been legal in Canada since 2001, similar concerns continue to exist about how to accommodate an employee where they hold a safety-sensitive position. In a 2018 arbitration decision, Arbitrator Roil dealt with this…

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Why Employers need a Discrimination-Free Workplace Policy

MacLeod Law Firm — Tue, 20 Nov 2018 14:38:39 +0000

Although a workplace anti-discrimination policy is not mandatory in Ontario, we recommend it. If a complaint about discrimination is brought forward, employers can rely on the policy to help address the issue and follow predetermined steps. This type of policy can protect an employer if litigation is commenced by an employee about discrimination. Employer discrimination policies are reviewed and…

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