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|Ontario Human Rights Tribunal Rules Atheism Is Included In The Meaning Of “Creed”|
Stephanie Young; Borden Ladner Gervais LLP;
September 18, 2014, previously published on September 5, 2014In R.C. v. District School Board of Niagara, 2013 HRTO 1382, the Ontario Human Rights Tribunal (the “HRTO”) was asked to determine if a policy of the District School Board of Niagara (the “Board”) discriminated against R.C. and S.C., the Applicants, on the basis of creed....
|Ontario Human Rights Commissions Releases New Policy on Protecting Those with Psychosocial Disabilities|
Barbara Walker-Renshaw, Melanie Warner, Wendy Whelan; Borden Ladner Gervais LLP;
September 15, 2014, previously published on September 11, 2014On June 18, 2014, The Ontario Human Rights Commission (OHRC) released its new Policy on preventing discrimination based on mental health disabilities and addictions (the “Policy”). The Policy builds on the OHRC’s Policy and guidelines on disability and the duty to accommodate, and...
|Human Rights Tribunal Asks Complainant to Pay Respondent’s Legal Costs|
Maggie Campbell; DLA Piper (Canada) LLP;
September 1, 2014, previously published on August 27, 2014On August 15, 2014, the BC Human Rights Tribunal (the “Tribunal”) released its decision in Ma v. Dr. Iain G.M. Cleator and another, 2014 BCHRT 180 (“Cleator”), where it ordered the complainant to pay a portion of the respondent’s costs. In doing so, the Tribunal sent a...
|Best Practices to Follow When Creating or Revising an Employee Handbook|
Melissa J. Jackson; Foster, Swift, Collins & Smith, P.C.;
August 22, 2014, previously published on August 12, 2014An employee handbook is one of the most important tools employers have to communicate with employees about important workplace issues and can serve as an excellent defense to claims. While many employers have handbooks, the creation of a handbook is too often seen as a one-time event, as opposed to...
|New Jersey Governor Christie Signs Ban the Box Law|
Mark Diana, Steven J. Luckner, Jocelyn A. Merced, Evan J. Shenkman; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
August 18, 2014, previously published on August 12, 2014On August 11, 2014, New Jersey Governor Chris Christie signed into law “The Opportunity to Compete Act”—also referred to as the “ban the box” law—adding New Jersey to the growing list of states where employers are prohibited from asking criminal conviction...
|Governor Cuomo Signs Bill Giving New York Interns Workplace Protection|
Goldberg Segalla LLP;
August 7, 2014, previously published on August 6, 2014On July 22, 2014, New York Governor Andrew Cuomo signed legislation giving interns in New York State protections from sexual harassment and discrimination in the workplace similar to those given to regular workers. The amendment to the state’s Human Rights Law clarifies the status of interns...
|Governor Cuomo Signs Bill Extending Discrimination Protections to Unpaid Interns|
Hancock Estabrook LLP;
August 6, 2014, previously published on August 2014On July 22, 2014, New York Governor Andrew Cuomo signed legislation that provides unpaid interns with the same protections as paid employees under the New York State Human Rights Law. Under the new law, which is effective immediately, interns may not be discriminated against with respect to hiring,...
|Iowa Supreme Court Affirms Defense Verdict in Disparate-Impact Employment Discrimination Case Against State|
Amanda M. Atherton; Nyemaster Goode, P.C.;
August 6, 2014, previously published on July 25, 2014Last week, the Iowa Supreme Court affirmed the district court’s judgment in favor of the state in Pippen v. State of Iowa et al, a class-action employment-discrimination case brought under Title VII and the Iowa Civil Rights Act. The class of over 5,000 was represented by twenty-three...
|Privacy: what laws apply in Atlantic Canada?|
Ian C. Wallace; Stewart McKelvey;
August 6, 2014, previously published on Summer 2014With increasing digitalization and the potential harm resulting from violations of an individual’s privacy or unauthorized disclosure of one’s personal information, employers must remain diligent in efforts to collect, retain and disclose personal information and promote a culture of...
|Employer Bears Burden of Proving Claimant’s Loss of Earning Power is Due to Lack of U.S. Citizenship|
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
August 5, 2014, previously published on August 1, 2014The claimant filed a claim petition alleging that he sustained a work injury on July 19, 2008, while working as a truck driver for the employer. At a hearing held before the Workers’ Compensation Judge, the employer’s attorney cross examined the claimant, who was born in Ecuador and had...