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Can an Employer Require Employees to Declare they are not Gay?

Can an Employer Require Employees to Declare they are not Gay?

One of my students pointed out a story in the Toronto Star yesterday about a Southern Baptist university called Shorter University in Georgia that is requiring employees to sign a…

Home Depot Discriminates Against Turban-Wearing Employee

Home Depot Discriminates Against Turban-Wearing Employee

Two years ago, I mentioned a complaint that had been filed by an employee of a security guard company alleging that Home Depot had discriminated against him by insisting he…

Discrimination at Work Based on “Perceived” Disability

Discrimination at Work Based on “Perceived” Disability

My students, including some practicing HR professionals, are often surprised to learn that the Human Rights Code prohibits discrimination on the basis of “perceived disability” in addition to actual disability.…

Guest Blog: Ravi Malhotra on Exclusion of Disabled Workers From Employment Standards Protections

Guest Blog:  Ravi Malhotra on Exclusion of Disabled Workers From Employment Standards Protections

Professor Ravi Malhotra of the University of Ottawa Law School (and co-author with me and others on the Labour Law Casebook Group) wrote an interesting op-ed in the Winnipeg Free…

Can Law “Fix” Gender Inequality at Work?

Here’s a nice topic to start off our employment law course.  A new study from the Conference Board of Canada found that “the proportion of women in senior management positions…

Walmart Women Can’t Bring Class Action for Sex Discrimination: U.S. Supreme Court

Walmart Women Can’t Bring Class Action for Sex Discrimination:  U.S. Supreme Court

The much anticipated U.S. Supreme Court decision in Walmart v. Dukes was issued today.  The case involved a class action lawsuit filed on behalf of some 1.5 million Walmart employees…

B.C. Court Confirms that Law Firm Partners are “Employees” Under Human Rights Legislation

B.C. Court Confirms that Law Firm Partners are “Employees” Under Human Rights Legislation

The B.C. Supreme Court has upheld the Human Rights’ Tribunal ruling that partners at the law firm Fasken Martineau are “employees” for the purposes of the Human Rights Act.  …

Cuba v. Global Egg Corp: When Should a Release Signed by an Employee Bar a Legal Proceeding Against an Employer?

Cuba v. Global Egg Corp:  When Should a Release Signed by an Employee Bar a Legal Proceeding Against an Employer?

This post asks you HR managers and employment lawyers a question:  If an employment contract requires an employer to give an employee “reasonable notice” of termination, is offering the employee…

No “Tort of Privacy” at Work. But is there a Contractual Right to Privacy at Work?

No “Tort of Privacy” at Work.  But is there a Contractual Right to Privacy at Work?

UPDATE: Court of Appeal has granted leave to hear an appeal from Jones v. Tsige. Will a tort of privacy rise from the ashes? Stayed tuned… [Hat Tip Chris Davidson]…

Dismissal of Human Rights Complaints for Delay

Dismissal of Human Rights Complaints for Delay

The Ontario Human Rights Code allows the Tribunal to dismiss an application alleging workplace discrimination for delay. The key section is s. 34, and here’s what it says: 34. (1)…