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Sex based discrimination and poisoned work environment

Sambrano Human rightsDoes an employee have to be “sexually” harassed in order for there to be a breach of the Human Rights Code (“Code”)? This issue was determined in Hill v. Intersteam Technologies Inc., a recent decision from the Human Rights Tribunal of Ontario.

Background

The applicant, Kelly Hill, worked in a small workplace. She was employed with the corporate respondent, Intersteam Technologies Inc., for only a short period of time from May of 2013 until November 2013. (more…)

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…)

No “give and take” required by employee in accommodation under the Human Rights Code

Toronto human rights advocate human rightsThe applicant, Michele Macan, filed a human rights application alleging discrimination with respect to employment due to disability. The respondent, Stongco Limited Partnership, rejected the allegations, instead submitting that the applicant’s disability was “not a reason, a factor, or even considered in its decision to terminate the applicant”.[1]

The respondent alleged that her termination was a result of a restructuring within the applicant’s department. The hearing was held over the course of 3 days.

Background

Prior to the applicant being hired, the applicant had been diagnosed with a chronic medical condition which required frequent time off from work. At the time of her termination, the applicant had worked (more…)

Respondents challenge $100,000.00 human rights decision

Toronto Paralegal human Rights SambranoWhile more often than not the Human Rights Tribunal of Ontario’s decisions are not challenged, there are two processes by which this may be done. The first is called a request for reconsideration. The second is an application for judicial review. The latter was the case in Big Inc. v. Islam, 2015 ONSC 2921. (more…)

Coming this January

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