Ignoring the Elephant in the Room: The Cost of Not Asking an Employee with a Disability if She Needs Accommodation The Question One of the questions employers ask me is, “If I think someone has a disability, do I have to ask whether the person needs accommodation?”...
Jian Ghomeshi: Legal Shades of Grey The Jian Ghomeshi story: The Basics According to the Toronto Star “CBC star Jian Ghomeshi has been fired over “information” the public broadcaster recently received that it says “precludes” it from continuing to employ the...
Religious Accommodation – Will Your Need be Accommodated? In August, Ontario Premier Kathleen Wynne announced that she will not grant an exemption to permit Sikh motorcycle riders to wear turbans instead of helmets. The reason for this – safety. This...
Gender Expression – Interpreted In 2012, the Ontario Human Rights Code (“Code”) was amended to include ‘gender identity’ and ‘gender expression’ as protected grounds. This was a big step forward for the protection of Trans persons’ rights in Ontario. However,...
If the mayor takes a drug test for work, do you have to? On August 20, the National Post reported that Mayor Rob Ford agreed to take a drug and alcohol test as part of his campaign for re-election. The Mayor questioned whether that requirement could be extended to...
Do employers have a duty to investigate a human rights complaint where no discrimination is found to exist? In a decision issued earlier this year, the Human Rights Tribunal of Ontario stated that an employer has no duty to investigate a human rights complaint unless...
Ignoring the Ontario Human Rights Tribunal is a Very Bad Idea The Ontario Human Rights Tribunal (the Tribunal) can and does award significant damage awards against employers who decide to ignore a human right complaint. The Celtech Plastics case Take Celtech Plastics...
Discriminating against Disabled Employees: New OHRC Policy Discriminating against Disabled Employees: Ontario Human Rights Commission Issues a New Policy Mental disabilities: The Facts Research estimates that almost one in five Canadian adults will experience a mental...