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  1. Pre-employment testing for drug and alcohol use as part of an employment-relatedmedical examination

    From: Policy on drug and alcohol testing

    Testing for alcohol or drug use is a form of medical examination. Therefore, an employer considering such testing should be guided by the three-part test cited above, by the OHRC's Policy on Employment-Related Medical Information [20] and by the Ontario Court of Appeal’s decision in the Entrop case.

  2. Human rights obligations related to pregnancy and breastfeeding: Case law review

    October 2014 - This case law review looks at important developments in the law dealing with discrimination based on pregnancy and breastfeeding between 2008 and January 2014.[1] The discussion of the law in Ontario is intended as a resource, to be read along with the Ontario Human Rights Commission’s Policy on Preventing Discrimination because of Pregnancy and Breastfeeding (the Policy)[2], about the rights of women[3] who are pregnant, planning to become pregnant, who have had a baby or who are breastfeeding. However, it is not legal advice.

  3. 11. Managing performance and discipline

    From: Human Rights at Work 2008 - Third Edition

    The Commission recognizes the right of the employer to manage its workforce, including relying on discipline when necessary. A progressive performance management approach that takes into account accommodation needs, and is consistently applied and documented, is a best practice.

    a) Evaluating and managing performance

    It is in an organization’s best interest to follow good human resources practices, such as regular performance appraisals and documented progressive performance management of all employees.

  4. Appendix B – Human rights in the workplace: which laws?

    From: Human Rights at Work 2008 - Third Edition

    a) Federal legislation

    i) Canadian Human Rights Act

    The Canadian Human Rights Act (“CHRA”) applies to workplaces in federal organizations or industries that are regulated by the federal government. The Ontario Human Rights Code does not apply to such organizations. Both of these laws cannot apply at the same time. If one applies, the other does not.

    The choice of incorporating statute does not determine whether a company is provincially or federally regulated. The CHRA covers workplaces such as:

  5. Employment

    From: Time for action: Advancing human rights for older Ontarians

    Employment is fundamental to ensuring equal participation and equal opportunity in society. It has a direct bearing on a person’s economic status while the person is in the workforce and afterwards. Therefore, any examination of age discrimination in employment must consider the effects of practices and policies on the person while they are working as well as after they have retired. It must also consider the effect on society as a whole.

  6. Employment and contracting provisions in Impact and Benefit Agreements are special programs under Ontario’s Human Rights Code

    February 2014 - Impact and Benefit Agreements (IBAs) are becoming an industry standard for resource development projects that are located on or impact Aboriginal Peoples’ traditional lands and rights. The agreements often contain employment and contracting provisions that give priority for training, hiring and contracting to Aboriginal Peoples.When Aboriginal governments choose to enter into IBAs, the Ontario Human Rights Commission (OHRC) supports developing and implementing preferential employment and contracting provisions in IBAs, to address historical disadvantage and promote substantive equality for Aboriginal Peoples in Ontario.

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