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Discrimination

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 »

"Top 10 Employment And Labour Law Cases In 2013" according to Cassels Brock & Blackwell

The law firm of Cassels Brock & Blackwell has issued their, "Top 10 Employment And Labour Law Cases In 2013". 

The cases on their list are set below. Note: the summaries with the cases are mostly my word-for-word cut and paste's from the original article:

1. Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34

The Supreme Court of Canada ruled that random alcohol testing in the workplace is prohibited unless the employer can prove that, in addition to having a dangerous workplace, there are other pressing factors such as an overt substance abuse problem in the workplace.

2. Pate Estate v. Harvey (Township), 2013 ONCA 669

The Ontario Court of Appeal agreed that the Township employer had severely mistreated the dismissed employee, but reduced the punitive damages award from $550,000 to $450,000.  read more »

Female employee was participant / instigator of crude, ongoing sexual banter; harassment complaint dismissed

Jurisdiction: - British Columbia
Sector: - Retail Trade

In Kafer v. Sleep Country Canada and another (No. 2), 2013 BCHRT 289, the BC Human Rights Tribunal ruled that a female employee was participant in, and instigator of, crude and ongoing sexual banter and therefore dismissed her sexual harassment complaint against her employer, Sleep Country Canada.

In reaching this conclusion, the Tribunal Member stated the following:

[32] The Supreme Court of Canada has defined sexual harassment as "unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of the harassment": Janzen v. Platy Enterprises Ltd. (1989), 10 C.H.R.R. D/6205 at D/6227.

[33] In Mahmoodi v. University of British Columbia, [1000] B.C.R.T.D. No. 52 (Q.L.) the Tribunal set out the test for whether conduct is unwelcome. It stated:  read more »

"Elder care" recognized under "family status" protection for first time by Canadian Human Rights Tribunal

Jurisdiction: - Canada/Federal

In Hicks v. Human Resources and Skills Development Canada, 2013 CHRT 20, the Canadian Human Rights Tribunal recognized "elder care" under the "family status" protection for first time.

Ontario appeal court discusses when a poisoned work environment can give rise to a constructive dismissal

In General Motors of Canada Limited v. Johnson, 2013 ONCA, the Ontario Court of Appeal discussed the legal test for when a poisoned work environment can give rise to a constructive dismissal. Specifically, it stated:  read more »