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Canada Disability Discrimination

Ogletree, Deakins, Nash, Smoak & Stewart,...

Accessibility Law in Canada: Cross-Country Disability Access Legislation

Some jurisdictions in Canada are subject to accessibility legislation that sets disability access standards, such as for provincially regulated organizations operating in the provinces of Ontario and Manitoba and for...more

Littler

Ontario, Canada Human Rights Tribunal Dismisses Probationary Employee’s Discrimination Claim

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In Karim v. Workplace Safety and Insurance Board, 2024 HRTO 1231, the Human Rights Tribunal of Ontario (HRTO) dismissed a probationary employee’s claim that they were discriminated against with respect to employment because...more

U.S. Equal Employment Opportunity Commission...

Lubin Logistics to Pay $20,000 and Provide Remedial Measures in EEOC Disability Discrimination Lawsuit

Small FedEx Contractor Settles Claims It Fired Employee Because of His Lupus - ATLANTA – Lubin Logistics Company, which operates as a small package delivery contractor for the international shipping brand FedEx, will pay...more

U.S. Equal Employment Opportunity Commission...

Verizon Maryland to Pay $115,000 in EEOC Disability Discrimination Suit

Settles Federal Suit Alleging Telecom Giant Refused Accommodation to Manager With Hypertension - BALTIMORE – Verizon Maryland, LLC, will pay $115,000 and furnish significant remedial relief to settle a federal disability...more

Stikeman Elliott LLP

AODA Reminder: Approaching Deadline (December 31, 2023) to File Accessibility Compliance Reports

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Accessibility Compliance Reports Due on December 31, 2023 - As a quick refresher, the AODA sets out a process for developing, implementing and enforcing accessibility standards in the province of Ontario....more

Holland & Hart - Employers' Lawyers

What Can Employers Do When Employee Threats Are Related To a Disability?

The Americans with Disabilities Act (the “ADA”) generally prohibits employers from taking adverse employment actions against an employee because of the employee’s disability. To challenge an employment action under the ADA, a...more

U.S. Equal Employment Opportunity Commission...

Updated EEOC Resource About the ADA and Individuals with Visual Disabilities at Work

Includes Information on Discrimination Against Job Applicants - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today released an updated technical assistance document, “Visual Disabilities in the...more

Constangy, Brooks, Smith & Prophete, LLP

That well-endowed Canadian teacher -- what would've happened here?

This is a G-rated post. PG at worst. Toronto-area shop teacher Kayla Lemieux -- you know, the one with the famous Z-cup breasts -- has been placed on a leave of absence now that the New York Post has reported that she is...more

U.S. Equal Employment Opportunity Commission...

Updated EEOC Resource Explains ADA Requirements for Individuals with Hearing Disabilities in the Workplace

Includes Information on Discrimination Against Job Applicants - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today released an updated resource document, “Hearing Disabilities in the Workplace and...more

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Alberta, Canada Human Rights Tribunal Reminds Employees They Have Duties in the Workplace Accommodation Process

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In Zupcic v Saputo Foods Limited, 2022 AHRC 13 (Saputo), the Human Rights Tribunal of Alberta (Tribunal) dismissed an employee’s complaint that that she was discriminated against in employment on the ground of her physical...more

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Supreme Court of Canada Finds Exclusive Arbitral Jurisdiction in Manitoba Human Rights Disputes

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In Northern Regional Health Authority v. Horrocks, 2021 SCC 42, (NHRA) a six-member majority of the Supreme Court of Canada (SCC) decided that in Manitoba, human rights disputes arising from the interpretation, application,...more

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Ontario, Canada: Divisional Court Overturns Decision Holding That Workplace Safety and Insurance Act Barred Constructive Dismissal...

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In 2020, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) confirmed that when a claim for constructive dismissal is based on harm sustained due to harassment and bullying in the workplace, the claim falls within...more

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Human Rights Tribunal of Ontario, Canada Provides Employers with Roadmap for Responding to Requests for Exemptions from...

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In Sharma v. Toronto (City), 2020 HRTO 949, the Human Rights Tribunal of Ontario (HRTO) provides a roadmap for how employers should determine whether they are required to accommodate employees and customers who seek...more

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Ontario, Canada: Impending AODA Compliance Deadlines

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The purpose of the Accessibility for Ontarians with Disabilities Act (AODA) is to develop, implement and enforce accessibility standards to achieve accessibility for Ontarians with disabilities, with respect to goods,...more

Littler

Canada: Newfoundland and Labrador Court Holds Employers Must Conduct Individualized Assessments of Whether Medical Cannabis Users...

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On June 4, 2020, in International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., 2020 NLCA 20 (“International Brotherhood”), the Court of Appeal of...more

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Littler Global Guide - Canada - Q3 2019

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With some Canada Labour Code (CLC) amendments in Bill C-44, the Budget Implementation Act, 2017, No. 1 (Bill 44) having come into force in 2017 and earlier in 2019, some additional amendments in Bill C-44 came into force as...more

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Ontario, Canada: Arbitrator Reinstates Nurse who Misappropriated Narcotics from Patients for Her Own Use and Falsified Records to...

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Earlier this year, a labour arbitrator rendered a decision in Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurse’s Association, 2019 CanLII 43 (ON LA), that sends a clear warning to employers in Ontario about...more

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Littler Global Guide - Canada - Q1 2019

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Among other things, the Fair Workplaces Better Jobs Act, 2017 (Bill 148) significantly amended Ontario's Employment Standards Act, 2000 (ESA). Most of Bill 148’s ESA amendments came into force in 2018, with the remainder to...more

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Newfoundland and Labrador, Canada: Court Affirms that Inability to Measure Impairment Caused by Medical Cannabis Can Constitute an...

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The Supreme Court of Newfoundland and Labrador rendered a welcome decision in February for employers across Canada that have been struggling to balance their obligations under occupational health and safety and human rights...more

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Littler Global Guide - Canada - Q2 2018

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British Columbia Extends Family Leave Policies - New Legislation Enacted - On May 17, 2018, British Columbia amended legislation to give employees in the province pregnancy, parental, and compassionate care leaves. ...more

Dickinson Wright

UPDATE ALERT: Accessibility for Ontarians with Disabilities Act

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We previously distributed two Client Alerts with respect to the new employer obligations under the Accessibility for Ontarians with Disabilities Act (“AODA”). ...more

Bennett Jones LLP

Supreme Court Upholds Termination for Breach of Drug and Alcohol Policy

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The Supreme Court of Canada’s decision in Stewart v. Elk Valley Coal Corp., 2017 SCC 30 is good news for employers. The Court upheld the prior decisions of the Alberta Court of Appeal and Alberta Human Rights Tribunal,...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Rules No Discrimination for Termination of Drug Addicted Employee

On June 15, 2017, the Supreme Court of Canada (SCC) released its decision in Stewart v. Elk Valley Coal Corp. (Stewart). Stewart is a welcome decision for employers looking to improve and enforce alcohol and drug policies in...more

Dickinson Wright

Managing the Employment Relationship in Ontario

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What state-specific laws govern the employment relationship? The Employment Standards Act, 2000, sets out most of the minimum employment standards for provincially regulated workplaces in Ontario....more

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Canada: Ontario Human Rights Commission Releases Policy Statement on Medical Documentation and Disability-Related Accommodation...

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On February 1, 2017, the Ontario Human Rights Commission (the “Commission”) released a new policy statement on medical documentation and disability-related accommodation requests. Under the Ontario Human Rights Code (the...more

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