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Human Rights Tribunal awards record general damages for sexual harassment of migrant workers

In his Report on the Ontario Human Rights Review 2012, Andrew Pinto commented on the general damages awards being awarded by the Human Rights Tribunal of Ontario (“HRTO”). Noting that general damages awards of $5,000, $10,000 and $15,000 seemed to correspond to low, medium and high damage awards, he commented that “there appears to be

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Lessons for employers about expense claims from the Mike Duffy trial

We’re now several days into the Mike Duffy trial and the stage is set for a public examination of the expenses that Mr. Duffy claimed while he was a member of the Senate.  Ultimately, it will be up to Justice Vaillancourt to decide if Mr. Duffy is guilty of a criminal offence, but this case

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Developing transgender-inclusive policies

In June 2012, the Ontario legislature passed Bill 33, also known as Toby’s Act, adding the grounds of gender identity and gender expression to the Ontario Human Rights Code(“Code”). Since then, numerous other Canadian jurisdictions – i.e. the Northwest Territories, Manitoba, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador – also explicitly reference gender

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“It’s never okay”

I set aside some time this weekend to review the Ontario Government’s action plan to stop sexual violence and harassment, released on Friday, March 6, 2015, and it occurred to me that this seemed a particularly significant thing to be doing on International Women’s Day yesterday. According to the Government, 28% of Canadians say that

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This Partridge is probably “gettin’ happy” now

Lee Partridge worked originally as a dental hygienist for the Botony Dental Corporation and later as its office manager before she was fired following her return from a maternity leave in 2011.  She sued Botony for wrongful dismissal and for breach of both the Employment Standards Act, 2000 and the Ontario Human Rights Code.  In

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An avatar’s connection to the Divine

As workplaces become increasingly diverse, claims of “conflicting rights” appear to be on the rise as well. Often when there is a conflict of rights, one of the conflicting claims is grounded in creed – where an employee raises a religious objection to performing a particular job-related function. For example, many people recall the 2012

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Was race a factor? Drawing inferences in a discrimination analysis

We often hear from clients and participants in our training courses that they have difficulty determining whether discrimination has occurred at the conclusion of their investigations. A recent decision of the Human Rights Tribunal of Ontario succinctly articulates the test for discrimination and demonstrates its application.  In Pieters v. Toronto Police Services Board (2014 HRTO

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Rudeness is not a Russian personality trait

When I’m conducting training sessions on human rights and respect at work, I predictably talk about how people can be found liable for breaching the Human Rights Code even if they didn’t intend to offend.  Someone will usually then ask whether that means that anyone can complain about behaviour that they find offensive, even if

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