Archive

Published: December 2004 (Please note: The views and opinions expressed by the author are their own and do not necessarily reflect those of the Ontario Human Rights Commission.) by Dr. Joanna Anneke Rummens

Published: December 2004 (Please note: The views and opinions expressed by the author are their own and do not necessarily reflect those of the Ontario Human Rights Commission.) by Gerald Gall

Published: December 2004 (Please note: The views and opinions expressed by the author are their own and do not necessarily reflect those of the Ontario Human Rights Commission.) by Fo Niemi

Published: December 2004 (Please note: The views and opinions expressed by the author are their own and do not necessarily reflect those of the Ontario Human Rights Commission.) by Frédéric Mégret

Published: December 2004 (Please note: The views and opinions expressed by the author are their own and do not necessarily reflect those of the Ontario Human Rights Commission.) by Frances Henry Frances Henry is one of Canada’s leading experts in the study of racism and anti-racism. She has authored or co-authored a number of leading books dealing with racism and Caribbean anthropology. She has been a member of the prestigious Royal Society of Canada since 1989.

(Please note: The views and opinions expressed by the author are their own and do not necessarily reflect those of the Ontario Human Rights Commission.) by Carl James

Published: December 2004 (Please note: The views and opinions expressed by the author are their own and do not necessarily reflect those of the Ontario Human Rights Commission.) by Charles C. Smith

Published: December 2004 (Please note: The views and opinions expressed by the author are their own and do not necessarily reflect those of the Ontario Human Rights Commission.) by Carol Agocs

Published: December 2004 (Please note: The views and opinions expressed by the author are their own and do not necessarily reflect those of the Ontario Human Rights Commission.) by Bill Black Bill Black is a professor at the U.B.C. Faculty of Law. He was a member of the Canadian Human Rights Act Review Panel and in 1994 wrote a Report on Human Rights in British Columbia. He is a former director of the University of Ottawa Human Rights Research and Education Centre.

Founded in 1964, the University of Guelph (the U of G) includes seven colleges, with programs spanning the natural and physical sciences, social sciences and the humanities. The U of G, which is committed to equity, is ranked as one of Canada's top comprehensive universities because of its dedication to student learning and innovative research.[1]

Ontario’s New Approach to Aboriginal Affairs commits the government to working with Aboriginal leaders and organizations to improve education outcomes among Aboriginal students.[1] The challenge for the Ministry of Education (MOE) in helping Aboriginal students and assessing progress “was the absence of reliable student-specific data on the achievemen

KPMG LLP (KPMG) is the Canadian member firm affiliated with KPMG International, a global network of professional firms providing audit, tax and advisory services to clients in over 140 countries. KPMG in Canada has 33 offices nationally and over 5,000 professional staff.

Commitment and results

This template may be used by an employer or an external investigator hired by an employer to investigate human rights concerns in the workplace. This form is a starting point for planning and conducting an investigation, and should be modified to address the specific issues that arise in individual situations.

This template may be used by an employer to meet Code-related accommodation needs, in consultation and collaboration with the employee. This form is a starting point for discussion and will need to be modified to address the specific issues that arise in individual situations. Additional pages can be added if needed. Electronic copies of this form are available online for download at www.ohrc.on.ca.

For more information, see Section IV-12f) – “Considerations when asking an employee to sign a release.” Tips for parties to a release

This resource list is not exhaustive – please let us know if there are other resources that we can add. This list was compiled by Commission staff and identifies groups and publications that may deal with human rights issues. The Commission does not endorse, promote or vouch for any of the resources. Please consult with the resource directly for more information.

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:

There are many instances when it will be appropriate and non-discriminatory for an employment relationship to end, whether through termination, layoffs, surplus decisions, early retirement or an employee’s resignation. In all of these, a key consideration is to make sure that the end of the employment relationship is not linked to, based on or tainted by discrimination. This consideration applies even if employees are dismissed during a probationary period or are not retained at the end of a probationary period.

This section addresses the many practical issues that arise when an employer is called on to resolve human rights issues using existing human rights policies and complaint resolution procedures. For more information about proactively establishing a human rights strategy to prevent and address discrimination, refer to Section IV-1a) – “Strategy to prevent and address human rights issues.”

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.

a) Training and mentoring Organizations benefit from having a workforce where all employees are motivated to learn, enhance their skills and make greater contributions to the organization’s success. The costs of not providing equal access to training or other learning opportunities can be significant. In addition to potential liability under the Code, affected employees fall farther behind over time and may be less able to advance compared to colleagues who have had training opportunities.

Accommodating the needs of persons with disabilities is one of the most common human rights issues in the workplace. While the principles and concepts described above also apply here, this section highlights specific issues that employers may face when responding to requests for accommodation made by employees with disabilities.

a) Duty to accommodate to the point of undue hardship The Code requires an effort, short of undue hardship, to accommodate the needs of persons who are protected by the Code. It would be unfair to exclude someone from the workplace or activities in the workplace because their Code-protected needs are different from the majority. The principle of accommodation applies to all grounds of the Code, but accommodation issues in employment most often relate to the needs of: