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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:

OHRC launches survey into Canadian experience requirement

October 5, 2012

Toronto – A new survey launched today by the Ontario Human Rights Commission (OHRC) asks job seekers and employers to describe how “Canadian experience” requirements in the Ontario job market have affected them. “In our conversations with newcomers, they often talk about the requirement for ‘Canadian experience’ as a big barrier to their entry into the workforce,” commented OHRC Chief Commissioner Barbara Hall, “We want to learn more about how this requirement plays out in real life.”

OHRC releases consultation report on human rights, mental health and addictions

September 13, 2012

Toronto – The Ontario Human Rights Commission (OHRC) today released Minds that matter: Report on the consultation on human rights, mental health and addictions. This report outlines what the OHRC heard in its largest-ever policy consultation across Ontario, and sets out a number of key recommendations and OHRC commitments to address human rights issues that affect people with mental health disabilities or addictions.

12. Employment

From: Minds that matter: Report on the consultation on human rights, mental health and addictions

Work, paid or unpaid, is a fundamental part of realizing dignity, self-determination and a person’s full potential in society. In Ontario, people are protected from discrimination based on disability in employment. Employment includes paid employment, volunteer work, student internships, special job placements, and temporary, contract, seasonal or casual employment. Many consumer/survivors or people with addictions expressed their desire to work or volunteer, but could not without the accommodation they needed.

OHRC comment to the Ontario Ministry of Labour regarding Canada’s 2012 ILO Article 22 Report on Discrimination Convention 111

This submission outlines recent developments for the reporting period June 1, 2011 through May 31, 2012 related to discrimination in employment and the Ontario Human Rights Commission’s (the OHRC) mandate. It includes OHRC activities, recent case law and comment regarding relevant ILO Committee observations and direct requests.

Creed case law review

May 2012 - What follows is a discussion of significant legal decisions dealing with religious and creed rights in Canada. The focus is on decisions made since the Commission issued its 1996 Policy on Creed and the Accommodation of religious observances. It does not review every decision, but those that may be important from a human rights perspective. In addition to a description of the case law, trends and areas where it is anticipated the case law will continue to evolve or be clarified are identified. The review will form the basis for further research and dialogue concerning the law in Canada as it relates to this significant area of human rights.

2. Practical steps to reduce potential for conflict

From: Policy on competing human rights

Employers, housing providers, educators and other responsible parties covered by the Code have the ultimate responsibility for maintaining an inclusive environment that is free from discrimination and harassment, and where everyone’s human rights are respected. Organizations and institutions operating in Ontario have a legal duty to take steps to prevent and respond to situations involving competing rights.

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