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Discrimination

Should "obesity" be a prohibited ground of discrimination in Canadian human rights legislation?

The National Post newspaper ran a story today ("Obese Canadians should be granted legal protection from discrimination, professor says") which discussed whether obese people should be protected from discrimination in Canadian human rights legislation.

The article noted that this could be achieved in a few different ways. First, obesity could be treated as a "disability", which is already a recognized ground in human rights legislation. As it relates to this approach, the article noted theat:  read more »

Discriminatory to provide birth mothers same amount of top-up benefits as birth fathers, adoptive parents

Jurisdiction: - British Columbia
Sector: - Education

In a rare oral judgment that was issued on November 12, 2014 - British Columbia Teachers' Federation v. British Columbia Public School Employers' Association, 2014 SCC 70 - the Supreme Court of Canada overturned a decision by the BC Court of Appeal and restored the decision of a labour arbitrator concerning top-up benefits provided to teachers who are new parents.

The labour arbitrator, John B. Hall, had ruled that it was discriminatory - under section 15 of the Charter of Rights and Freedoms and section 13 of the BC Human Rights Code -  to provide the same amount of top-up benefits to birth mothers as birth fathers and adoptive parents.

Specifically, Arbitrator Hall had ruled:  read more »

US EEOC issues updated enforcement guidance on pregnancy discrimination and related issues

Jurisdiction: - United States

On July 14, 2014 the US Equal Employment Opportunity Commission ("EEOC") released updated guidance on pregnancy discrimination and related issues. Their press release is as follows:

EEOC Issues Updated Enforcement Guidance On Pregnancy Discrimination And Related Issues

Fact Sheet for Small Businesses and Question and Answer Document Also Released

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) today issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with a question and answer document about the guidance and a Fact Sheet for Small Businesses.  The Enforcement Guidance, Q&A document, and Fact Sheet will be available on the  EEOC's website.  read more »

Federal Court of Appeal lays out test for family status discrimination as it relates to childcare matters

Jurisdiction: - Canada/Federal

The Federal Court of Appeal ("FCA") issued two decisions on May 2, 2014, in which it laid out the test for family status discrimination as it relates to childcare matters. Subject to a further appeal to the Supreme Court of Canada, this test is binding on federally regulated employers. The two cases are:  read more »