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Res judicata revisited at HRTO and OLRB

The legal doctrine of res judicata can cause an Application at the Human Rights Tribunal to be dismissed. This was the case in Chen v. Harris Rebar. (more…)

Tribunal orders pharmacy to pay $8,000.00 as a result of racial profiling

sambrano legal racial profilingUnder section 46.3 (1) of Ontario’s Human Rights Code, an employer may be vicariously liable for the discriminatory acts of their employees. Such was the case in the recent Human Rights Tribunal decision of McCarthy v. Kenny Tan Pharmacy Inc.. [i]

Simply put, an organization is responsible for discrimination that occurs through the acts of its employees or agents, whether or not it had any knowledge of, participation in or control over these actions.[ii][iii] (more…)

Gender identity and gender expression in employment: Vanderputten v. Seydaco Packaging Corp.

Sambrano Legal Paralegal Human rights Toronto

On June 19, 2012 the Human Rights Code (Ontario) was amended adding two new protected grounds of discrimination, namely “gender identity” and “gender expression”. The first interpretation of these new grounds was examined in the Human Rights Tribunal decision in (more…)

No reasonable prospect of success: Howell v. United Steelworkers, Local 7135:

sambrano legal human rights paralegal domRule 19A of the Ontario Human Rights Tribunal’s Rules of Procedure, allow the Tribunal to hold a summary hearing to determine whether the Application should be dismissed in whole or in part on the basis that there is no reasonable prospect that the Application or part of the Application will succeed.[i] This was the case in Howell v. United Steelworkers, Local 7135. (more…)

The cost of racial stereotyping: Adams v. Knoll North America

Human Rights Sambrano LegalThe applicant, Colin Adams who identifies as Black, worked as a machine operator at Knoll North America Corp. (“Knoll”) for 9 years. Following a verbal altercation with his supervisor, the applicant was terminated after he refused to partake in an anger management program as a requirement of his continued employment. (more…)

Sambrano Legal: “Pregnancy, short-term contracts & the Code” makes Top 10 First Reference Talks posts for 2015!

“Pregnancy, short-term contracts & the Code” makes Top 10 most read First Reference Talks posts published in 2015! Thank you everyone!

Sambrano legal Human Rights

Workplace religious accommodation: A two-part obligation under human rights

scales-159031Under the Human Rights Code (Ontario), the duty to accommodate in the workplace is a two-part obligation. Employers who do not make at least a reasonable effort to comply with this obligation can find themselves having to pay a financial price. This was the reality in Qureshi v. G4S Security Services, 2009.

Facts of the case

The applicant, Muhammad Quersih, a male of Muslim Faith, was being considered for a security guard position. (more…)

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