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Canada: Recent Report of the Ontario Human Rights Commission Says Discrimination Mostly Occurs at Work

On December 8, 2017, the Ontario Human Rights Commission (the “Commission”) released a report entitled, “Taking the pulse: People’s opinions on human rights in Ontario”. The report examined the results of a public opinion survey of 1,501 people aged 18 and older. The survey revealed that discrimination mainly occurs at work, and that discrimination remains grossly underreported. The Commission’s report serves as a timely reminder of the obligations of employers in the human rights context.

Canada: Recent Sexual Misconduct Allegations in the Entertainment Industry a Reminder to Employers of the Obligation to Protect Employees from Workplace Sexual Harassment.

Recently, the highly publicized sexual misconduct allegations against Harvey Weinstein have led to a public dialogue about sexual harassment and sexual assault. In the employment context, these recent events serve as a reminder for employers of the prevalence of sexual harassment and the importance of taking reports of sexual harassment seriously. Particularly with the holiday party season fast approaching, it is important that employers know their legal obligations and have the appropriate measures in place to protect employees from workplace sexual harassment.

Canada: Supreme Court of Canada Affirms Limits on Exercise of Managerial Rights for Unionized Employers

In a recent decision, the Supreme Court of Canada has provided guidance to employers on the exercise of management rights under a collective agreement. In short, management rights must be exercised reasonably, and in a manner that is consistent with the collective agreement. A workplace rule will be permissible if it strikes a reasonable balance between management and employee interests.

Canada: Random Workplace Drug and Alcohol Testing Justified in Some Situations

The Court of Appeal of Alberta recently reiterated that random drug and alcohol testing may be justifiable in circumstances where there are specific safety risks, such as a general problem of substance abuse within a workplace. Further, the Court clarified that decision makers are not necessarily limited, in assessing whether a general problem of substance abuse exists within a workplace, to whether there is evidence of such a problem specific to bargaining unit employees

Canada: Human Rights Tribunal of Ontario Upholds Accommodation Processes that Distinguished Between Work-Related and Non-Work Related Disabilities

According to a recent decision of the Human Rights Tribunal of Ontario, employers may provide preferential treatment to employees with disabilities who have active Workplace Safety and Insurance Board claims, as opposed to employees with disabilities that did not arise out of their employment