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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…)

Employee not discriminated against as breastfeeding a “choice”- Federal Court of Appeal Decision

Toronto Sambrano paralegal human rights

The recent decision by the Federal Court of Appeal of Flatt v. Canada (Attorney General), addresses the employer’s duty to accommodate. Ms. Laura Flatt, the applicant, sought a judicial review from the Public Service Labour Relations and Employment Board (Board) after her grievance against her employer, the Treasury Board of Canada, was dismissed. The applicant had filed her grievance based on discrimination on the grounds of sex and family status contrary to the Canadian Human Rights Act. (more…)

Sexual harassment under the Code: Smith v. The Rover’s Rest

wikisexualharassmentThe case of Smith v. The Rover’s Rest, 2013 HRTO 700 is a recent case dealing with sexual harassment and reprisal under the Human Rights Code of Ontario.

At the time of the incidents, the applicant, Debbie Smith was a 39-year-old mother being paid $7.00 per hour as a bartender at the Rover’s Rest in Ajax, Ontario. The applicant worked at the bar between February and September of 2009. On November 8, 2009 Ms. Smith filed an application with the Human Rights Tribunal of Ontario alleging that the individual respondent, the manager and owner of the small business, Bruce Dorman had subjected her to sexual harassment and advances during employment. Further, the application alleged she was terminated when she refused these advances and when the respondent wrongly believed that she was in a relationship with someone else.[1] She further alleged, that after she was terminated, the respondent delivered discriminatory, harassing and threatening letters to her. (more…)

Coming this January

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Employers: Are your job ads in keeping with the Code?

jobWhen does a job advertisement breach the Ontario Human Rights Code? The same question was asked and answered in Wedley v. Northview Co-operative Homes Inc.2008 HRTO 13.

When the Complainant, Caroline Wedley, was terminated from her job as a cleaner, she alleged that she was told by management that they were seeking to hire two men. When later she spotted two advertisements in her local paper requesting male applicants, Ms. Wedley filed a human rights application. (more…)

Remedial powers of the Human Rights Tribunal

justiceOften employers are unaware of the pitfalls of becoming embroiled in a Human Rights application. Employers are sometimes shocked to find that the Tribunal’s powers not only lay in monetary awards, but also in non-monetary, as well as future compliance or public interest remedies. If an employer is found to have breached the Code, below are just some examples of such powers and remedies which the Tribunal may order. (more…)

What is the Human Rights Tribunal Of Ontario?

hrlllOnline presentation of the Human Right Tribunal of Ontario
The HRTO is a quasi-judicial adjudicative agency whose primary role is to resolve claims of discrimination and harassment brought under the Human Right Code of Ontario. The Code is law that protects people in Ontario from discrimination and harassment in areas ranging from employment to housing.  (more…)

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