Language selector

employment

5. Employment

From: Policy on discrimination against older people because of age

Assumptions and stereotypes about older workers are unfortunately all too prevalent in our workplaces. Older workers are often unfairly perceived as less productive, less committed to their jobs, not dynamic or innovative, unreceptive to change, unable to be trained or costly to the organization due to health problems and higher salaries. These ideas about older workers are simply myths that are not borne out by evidence. In fact, there is significant evidence that older workers:

5. Undue hardship

From: Policy and guidelines on disability and the duty to accommodate

The Code sets out only three considerations. This means that no other considerations, other than those that can be brought into those three standards, can be properly considered under Ontario law. There have been cases that have included such other factors as employee morale or conflict with a collective agreement. However, the Ontario legislature has seen fit to enact a higher standard by specifically limiting undue hardship to three particular components.

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.

Testing

From: Policy on HIV/AIDS-related discrimination

Testing for HIV infection would constitute a medical examination. It is the OHRC's position that any medical examination carried out for employment purposes should focus on verifying whether or not an individual is able to perform the essential duties of a particular job.

Employers considering any form of employment-related medical testing should refer to the OHRC's Human Rights At Work, 3rd. Ed. (2008) and the Policy on Employment-Related Medical Information.

Exceptions

From: Policy on creed and the accommodation of religious observances

Discrimination or unequal treatment may be legally defensible in certain circumstances.

1. Participating in special interest organizations

First, s. 18 of the Code provides that religious, philanthropic, educational, fraternal or social institutions that are primarily engaged in serving the interests of persons who are identified by their creed, may give priority to persons of the same creed with regard to participation or membership.

Landmark human rights case settled

August 27, 2011

Toronto – A settlement has been reached in the longest-running human rights case in Canadian history. The case of Michael McKinnon v. the Ontario Ministry of Correctional Services concerned discrimination on the basis of Aboriginal ancestry and has become the leading Canadian case on human rights remedies in race discrimination. The original complaint by Mr. McKinnon, a correctional officer working in the Ministry, was filed in 1988 and has now been settled after 23 years.

Pages

Subscribe to RSS - employment