Tag: Human Rights

Harassment

6th Circuit Offers Guidance on Reasonableness of Investigations, Remedial Measures

The U.S. 6th Circuit Court of Appeals (which covers Michigan employers) recently provided employers with guidance on how to handle an employee’s complaints of multiple instances of gender-based harassment committed by coworkers. The crux of the case illustrates the importance of taking prompt remedial action, even if the results prove to be inconclusive. ‘You Were […]

Maryland county passes $15 minimum wage

by Kevin C. McCormick On November 7, the Montgomery County (Maryland) Council unanimously approved Bill 28-17, Human Rights and Civil Liberties—County Minimum Wage Amount—Annual Adjustment, which will increase the minimum wage for all employees in the county by 2024. The legislation will increase Montgomery County’s minimum wage to $15 per hour for employers with 51 […]

More human rights ‘frustrations’

by David G. Wong Traditionally, when an employee’s absenteeism was excessive and there was no reasonable prospect of  returning to work in the foreseeable future—as long as there was no contractual term providing otherwise—a Canadian employer could discharge the employee for non-culpable absenteeism or treat the employment contract as having been frustrated. This would bring […]

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

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 […]

Managing the end to mandatory retirement

by Keri Bennett As we reported previously, the Canadian federal government is about to join most of the provinces in making mandatory retirement, for the most part, unlawful. That deadline is fast approaching – December 15, 2012. What can employers do until then? According to the Canadian Human Rights Commission, very little. Human Rights Commission […]

Definition of ‘Employer’ Narrowed in Human Rights Context

By Kyla Stott-Jess Your employee is required to pass a drug test before being assigned to another company’s worksite. The employee fails the other company’s drug test and is denied the work. The employee can clearly file a human rights complaint against you as his or her employer. But can he or she go after […]

Accommodation of Family Status on Same Footing as Other Human Rights

by Ralph Nero and Ida Martin Do parents of young children have the right to refuse a geographic transfer? In the case of three employees at the Canadian National Railway (CNR), the Canadian Human Rights Tribunal (CHRT) has recently answered “yes.” Last month, the CHRT released three decisions dealing with three CNR employees, Cindy Richards, […]

To What Extent Must Employees’ Family Obligations Be Accommodated?

By Dominique Launay Your employee is a single parent. He has to drop his children off at school each morning. They can’t be dropped off earlier than 9 a.m. He has to be back at the school by 5 p.m. to pick them up from their after-school care. He has no family to assist him. […]

Attendance Management Programs and Human Rights

Managing absenteeism can be a significant challenge for Canadian employers. A wide variety of factual situations may be complicated by employment standards, privacy and human rights laws, as well as any applicable union agreements. An example of the potential challenges of implementing an attendance management program (AMP) is the decade-long battle between Coast Mountain Bus […]