Can an Employer Refuse to Hire Smokers in Canada?

Smoking tobacco is widely known to increase health risks and reduce workplace productivity, with many smokers requiring numerous breaks throughout the day. This can have an impact on a company’s bottom line when it comes to health insurance premiums, absences and efficiency. However, are these reasons sufficient to justify a policy of refusing to hire […]

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Human Rights Tribunal: You Can’t Make Someone Observe the Sabbath

Cases involving human rights in the workplace often revolve around an employer imposing a condition on someone. But what about instances where an employer prevents someone from working? The Quebec Human Rights Tribunal addressed this recently in Commission on Human Rights and Youth Rights (Zilberg) v. 9220-3454 Québec Inc. (Spa Liv Zen (Spa Orazen)). Imposing The […]

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HRTO: The Human Rights Code Does Not Necessarily Protect Employees From Uncomfortable Conversations

The Human Rights Tribunal of Ontario (HRTO) recently dismissed a claim filed by a nurse who alleged that she was being subject to uncomfortable sexual conversations at work, which constituted discrimination and harassment and violated her rights at work. The HRTO ultimately found that being made to feel uncomfortable during conversations in the workplace does […]

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HRTO Confirms It Does Not Have Jurisdiction to Address Allegations of “General Unfairness”

In a frequently cited decision, the Human Rights Tribunal of Ontario (HRTO) confirmed that it does not have the power to deal with general allegations of unfairness, and dismissed a human rights complaint on the basis that the applicant had not established a clear link between her termination and a protected ground under the Human Rights […]

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