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|Ontario Human Rights Tribunal Finds Paying Disabled Employee $1.25 an Hour is Discrimination|
Leslie Frattolin, Jennifer P. Saville; DLA Piper (Canada) LLP;
October 3, 2014, previously published on September 29, 2014In Garrie v Janus Joan Inc, the Human Rights Tribunal of Ontario (the “Tribunal”) ordered Janus Joan Inc. (the “Company”) to pay over $186,000 to Terri-Lynn Garrie, (the “Applicant”) a developmentally disabled woman who was paid $1.25 an hour for years before her...
|Employment Law Summer Recap 2014: Part 11 of 11 - GOOOOOOOOOOOOOOOOOOOOOAL: the World Cup and Onionhead Capture America’s Attention...Briefly|
Michael S. Arnold; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 3, 2014, previously published on September 30, 2014This summer’s FIFA World Cup was truly spectacular. I know this because I’ve been working in the same office building for years and not once has every one of the 10+ pubs located within a five-block radius been packed to the gills on a weekday afternoon for a sporting event. I know this...
|Notes from the Joint OCR/NIST HIPAA Security Conference|
Dianne J. Bourque, Kimberly J. Gold, Kate F. Stewart, Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
October 2, 2014, previously published on October 1, 2014As a service to our readers, we have distilled last week’s joint HHS Office of Civil Rights (OCR) andNational Institute of Standards in Technology (NIST) conference, “Safeguarding Health Information: Building Assurance through HIPAA Security” into three phrases: (i) risk...
|Rare Costs Award at BC Human Rights Tribunal for Improper Conduct|
Ryley Mennie; McCarthy Tétrault LLP;
September 26, 2014, previously published on September 19, 2014Despite an employer’s legitimate basis for terminating an employee’s employment, it will often find itself a respondent to a human rights complaint following termination. The costs for employers to defend a human rights complaint can be very high and, unlike in the courts, the B.C....
|Reminder: New York Interns Are Now Protected Under Both the State and City Human Rights Laws|
Lisa M. Lewis, Jonathan Sokolowski; Sheppard, Mullin, Richter & Hampton LLP;
September 25, 2014, previously published on September 11, 2014Following New York City Mayor Bill De Blasio’s endorsement of an amendment to the New York City Human Rights Law (“NYCHRL”) extending the statute’s anti-discrimination and harassment protections to interns earlier this year, New York Governor Andrew Cuomo recently signed...
|Employers Receive Greater Protection under 4th Circuit: Two Free Slurs Rule|
September 25, 2014, previously published by The Gavel - Wong Fleming The Gavel, Diverse Viewpoints in the Law on Spring 2014What defines a hostile work environment has been and remains to be a formidable line neither employer nor employee wishes to touch let alone cross
|OCR Issues Guidance on HIPAA and Same-Sex Marriage|
Kimberly J. Gold; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 23, 2014, previously published on September 22, 2014The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) released guidance last Wednesday to help covered entities and business associates understand the privacy implications of the 2013 Supreme Court decision in United States v. Windsor...
|The Equal Credit Opportunity Act - a Sword and a Shield?|
Jessica K. Burr; Spilman Thomas Battle PLLC;
September 23, 2014, previously published on September 17, 2014The year was 1974 and, on the heels of the civil rights movement, was a time when the country maintained its heightened awareness of equality and discrimination. This was the year that the Equal Credit Opportunity Act (ECOA) became law as part of the federal Consumer Credit Protection Act. Its...
|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 18, 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,...
|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....