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Miscarriage as a “disability” is a good reminder for employers

It’s not entirely surprising that the Ontario Human Rights Tribunal (the OHRT) rendered a decision recently, holding that a miscarriage constitutes a “disability” for human rights purposes.  What is perhaps less clear is what this will mean for employers. Winnie Mou brought a human rights application against her former employer, MHPM Project Leaders, alleging discrimination

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Understanding creed

Recently, the Ontario Human Rights Commission released its Policy on preventing discrimination based on creed, updating their previous creed-related policy from 1996. Like other recent Commission policies on topics such as gender identity/expression and family status, the Policy provides clarity on the definition of the ground, while also providing guidance for employers on specific situations

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A delicate balance – Resolving competing rights claims in the workplace

When discussing workplace complaints and conflicts with clients or while delivering training, I regularly hear that the most challenging situations to address are those which seem to involve competing individual rights. Employers are unsure how to proceed when both parties seem to be making a valid argument under the organization’s policies or the Ontario Human

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Addressing sexual violence in Ontario’s colleges and universities

On October 27, 2015, the Ontario government tabled its Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment) 2015 (the “Act”).  Last week my colleague Janice Rubin wrote about the implications for employers of the amendments to the Occupational Health and Safety Act. This week, I am considering the implications for Ontario’s colleges

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Abstinence is best?

The people who ran the Northern Lights Manor (the “Manor”), a personal care home in Flin Flon, Manitoba, certainly thought so.  However, their steadfast belief in this approach to dealing with alcohol addiction has now led to a very costly legal decision against the Manor. Linda Horrocks worked at the Manor as a health care

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Balancing finality and justice in the application of s.45.1

Section 45.1 of the Ontario Human Rights Code (the “Code”) permits the Human Rights Tribunal of Ontario (“HRTO”) to dismiss all or part of an application where “another proceeding has appropriately dealt with the substance of the application.” In Ontario (Community Safety and Correctional Services) v De Lottinville, 2015 ONSC 3085, the Ontario Divisional Court considered the

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Bad news for little buddies

The Little Buddies Preschool Centre recently learned some valuable lessons about how human rights laws work in Ontario. Amber Lougheed had worked for Little Buddies as an Early Childhood Educator for just over a year when she learned that she was pregnant with her second child.  Ms. Lougheed was a single mother and so had

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Avoiding bias during respondent interviews

In preparing for an upcoming course on bias, I have been thinking about the potential impacts that various biases might have on the respondent interview in a workplace investigation. While investigators often turn their minds to issues such as racial or cultural bias, as well as biases that might flow from a personal relationship, another

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