Tag: Harassment

When Is a Discrimination Complaint against a Manager an Act of Harassment?

What if a manager accused of unlawful discrimination based on employees’ religion asserts that the complaint itself is an act of harassment? You owe duties all around, and you may not be able to perform one duty without risking a violation of the other. See how one employer successfully avoided that minefield.

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What now? 5 steps to take if your probe doesn’t corroborate harassment allegations

The avalanche of complaints emboldened by the #metoo movement shows no sign of relenting, and many caught in its crosshairs have been unceremoniously fired or forced to resign based on allegations of harassment. Of course, when such allegations arise in the employment context, employers have a duty to investigate and to take action when there […]

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Canadian government enhances maternity leave benefits, proposes to strengthen harassment and violence prevention

by Clayton Jones On November 9, the federal government announced that changes to the Employment Insurance (EI) program relating to parental, maternity, and caregiving benefits will come into effect on December 3. The EI program provides temporary income support to partially replace lost employment income to individuals who are off work for various reasons. On […]

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Rooting out bullying a necessary step in promoting diversity

Employers looking to advance diversity in the workplace often focus on recruiting diverse groups of potential employees, but recruiting is just one part of the process. Those recruiting efforts won’t be effective if management is blind to a culture that condones workplace bullying.  October is a time when attention turns to bullying in a variety […]

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Broader workplace harassment claims: Is Canada becoming more litigious?

by Shane Todd Can a Canadian employee sue an employer for harassment that is not related to a discrimination claim? The answer used to be “no.” But that’s changing. In most jurisdictions across Canada, an employee could sue or file a human rights application for harassment related to unlawful discrimination. An employee could file a […]

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Wild kingdom: sexual harassment at the NPS

by Mark I. Schickman Twenty years ago in Faragher v. City of Boca Raton, the U.S. Supreme Court considered the case of a female lifeguard who sued the city of Boca Raton for sexual harassment because her supervisor lifeguard, on duty with her on a local beach, subjected her to “uninvited and offensive touching,” made […]

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EEOC issues new guidelines on national origin discrimination

by Saul Glazer With the increase in terrorism and attention given to immigration- related complaints, there is commensurate potential for workplace conflict and harassment related to national origin. The Equal Employment Opportunity Commission (EEOC) recently issued new guidelines to help employers prevent national origin discrimination in the workplace. This article discusses national origin discrimination and […]

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Stakeholders get more time to comment on EEOC’s harassment guidance

Stakeholders now have until March 21 to comment on proposed antiharassment guidance from the Equal Employment Opportunity Commission (EEOC). The move is in line with the new administration’s overall approach of pausing Obama administration initiatives and taking time to evaluate them, said Jonathan Mook, a founding partner of DiMuro Ginsberg PC and an editor of […]

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Union blog’s sexist comments about manager constitutionally protected, not discriminatory, says court

by Nicole Singh Canadian tribunals have consistently ruled that communications by employees on social media can be viewed as an extension of the workplace. Improper communication on such platforms can therefore be considered a form of workplace discrimination under Canadian human rights laws. Discipline or termination can sometimes be appropriate. However, in the decision Taylor-Baptiste […]

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Employees’ food allergies are nothing to sneeze at!

by Stefanie M. Renaud Navigating the ins and outs of your obligations under the Americans with Disabilities Act (ADA) and similar state laws can be a challenge for even the most seasoned HR professional. One situation that may be familiar to you is having an employee with food allergies. According to the Asthma and Allergy […]

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