Managing the message in the hiring process in Canada: human rights risks

June 23, 2013 0 COMMENTS

By Marc Rodrigue

Hiring a new employee can be a lengthy process, fraught with complex evaluations of skills, qualifications, and other attributes. The whole process must of course comply with applicable provincial and federal antidiscrimination laws.

What people say during the process may provide evidence that a hiring decision is discriminatory. Where multiple people are involved, the risk increases that remarks are made that are perceived as discriminatory. As one employer in Ontario recently discovered in Reiss v. CCH Canadian Limited, failure to manage the message to candidates can lead to a successful human rights claim even if the decision itself was proper. read more…

A Shaved Head and Microwave Food Policy — Human Rights Violations?

February 28, 2011 1 COMMENTS

By Sara Parchello

It’s amazing the issues that pop up in front of human rights tribunals across Canada. Recently, the Manitoba Human Rights Commission was asked whether it is discriminatory to fire an employee for shaving her head. On an equally interesting level, the Ontario Human Rights Tribunal was asked whether it is discriminatory to discipline an employee for microwaving food that created an odor unpleasant to other employees. Do either of these scenarios constitute a human rights violation? Not surprisingly, the answer is “it depends.”

But it was for a good cause
In the Manitoba case, a waitress shaved her head to support her uncle, who was battling cancer. After she showed up to work with the shaved head, her boss told her that her new look didn’t comply with the restaurant’s dress code. The employer also told her not to return to work.

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Do Age-Based Early Retirement Programs Violate Human Rights Code?

May 10, 2010 0 COMMENTS

By Ralph Nero and Ida Martin

Are pension plans that provide age-based early retirement programs discriminatory? In a decision that may be important across Canada, the Ontario Human Rights Tribunal has recently answered no.

In Kovacs v. Arcelor Mittal Montreal, Kovacs argued that he had been discriminated against on the basis of his age by not being able to participate in the early retirement program being offered by the employer, Arcelor.

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