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Posts Tagged: human rights

Workplace Harassment and Discrimination: Looking at the Allegations Against Canada’s Spy Agency

You have probably seen this in the news – five employees have filed a $35-million lawsuit against the Canadian Security Intelligence Agency (CSIS) alleging a toxic workplace culture poisoned by racism, homophobia and anti-Muslim discrimination. These allegations are yet to be proven in court. However, it is important to have a discussion about the employment law issues arising from this, […]

Dealing with Marijuana in the Workplace

As our latest First Reference Talks blog post discusses, Health Canada estimates that by 2024, 450,000 Canadians will be authorized to use medically-prescribed marijuana. Pending legalization may also create an increase in people “self–medicating” and casually using marijuana. I am increasingly being asked to speak about this subject at HR conferences, as employers are concerned about the practical implications of […]

Accommodating Marijuana

As I discuss in my recent Canadian HR Law Blog post, with growing medical evidence, evolving societal views, and amended legislation, it is inevitable that we will see more widespread use of medicinal marijuana, and that this will have an increasingly significant impact on the workplace. Already, anecdotes of individuals seeking accommodation for the use of medicinal marijuana are increasing […]

The Latest Chapter in Employment Law: Overtime Rates & Transgender Rights

Overtime Rates to Increase October 1st   So much happens as summer turns to fall.  Students return to school, we pay more attention to the baseball standings to see whether the Blue Jays will make it to the ALCS, and overtime rates once again increase. October 1, 2016 marks the second increase to the minimum wage under the Stronger Workplaces […]

The Latest Chapter In Employment Law: Bill 132 & AODA

Welcome to a brand new monthly feature from Rudner MacDonald: The Latest Chapter in Employment Law. This will be a monthly blog post and email series that will discuss new developments in employment law, whether they be driven by legislative change or case law. If you are reading this but do not receive our monthly Newsletter, please sign up to be […]

Understanding Equality vs. Equity

As I mentioned in a recent Canadian HR Law blog post, I saw a graphic on my Facebook feed and thought that it provided an excellent demonstration of the difference between treating people equally and providing them with equality. I also thought that it confirmed how the need for accommodation can address the symptom, or the cause. In the first image, three […]

Ending Discriminatory Dress Codes

My favourite part about the intersection between Employment and Human Rights Law is its dynamism. It is constantly evolving to respond to new challenges – or perhaps more accurately, respond to the important challenges that we may be overlooking. This is exemplified in the increasing debate over gender based discrimination arising from workplace dress codes. In the past, human rights […]

Understanding Adverse Effect Discrimination

Indirect discrimination, also called adverse effect discrimination, is less obvious than direct discrimination but is equally a breach of human rights legislation. In George v. Accertaclaim, a recent decision from the Human Rights Tribunal, Natalie MacDonald successfully defended against a claim that the company had discriminated against its employee by failing to consider her when making an internal hiring decision. […]

Martin Luther King Jr. Day Highlights Human Rights Issues

In honour of Martin Luther King Jr. Day passing in the United States, my latest Canadian HR Law blog post examines how human rights legislation here in Canada has developed to protect against discrimination. Martin Luther King Jr. was a hero because he stood up to the widespread discrimination against persons of colour in the United States. It wasn’t that long ago […]

The Curious Case(s) of Sexual Harassment in Ontario Workplaces

  In the past year since the Jian Ghomeshi affair, we have seen media reports of parliamentarians being disciplined for sexual harassment, as well as the Board Chair of the Pan Am Games facing similar allegations. When it rears its ugly head, sexual harassment can manifest itself in a number of different ways, including some that are truly perplexing. Utah/U.S.A. […]

Accommodating Medical Marijuana – Stuart Rudner on Fairchild TV

In a recent interview with Fairchild TV, Stuart discussed the issue of accommodation for employees prescribed with medical marijuana treatments. Thus far, the marijuana use at work has been seen in a negative light. However, the reality is that medical marijuana prescriptions are a growing trend for treatment of a number of health conditions. In his interview, Stuart cautions employers against simply dismissing the […]