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Human Rights Code Employer Liability Issues

Stikeman Elliott LLP

New Year, New Obligations in British Columbia to Maintain Employment for (Some) Injured Workers

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On January 1, 2024, changes to British Columbia’s Workers Compensation Act, introducing a duty to accommodate and maintain employment for certain injured workers, came into effect. For details on the rest of the changes...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Maine Raises Discrimination Damages Caps and Expands Employee Protections

Maine recently wrapped a busy 2023 legislative session that brought several significant legal changes relevant for employers. Those changes include increasing the cap on damages for violations of the Maine Human Rights Act...more

BakerHostetler

Attention, New York City Employers: Discrimination Based on Height or Weight Is Now Prohibited

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As previewed in a prior alert, discrimination based on height or weight is now prohibited in New York City. On May 26, Mayor Eric Adams signed into law the bill that the New York City Council passed on May 11, which adds a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York City Council Approves Bill to Ban Employment Discrimination Based on Height and Weight

On May 11, 2023, the New York City Council approved a bill to prohibit employment discrimination on the basis of an individual’s height or weight. The bill, Int. No. 209-A, was sent to Mayor Eric Adams for final approval...more

Blake, Cassels & Graydon LLP

Ontario : Compétence concurrente à l’égard des plaintes en matière de droits de la personne dans des milieux syndiqués

En octobre 2022, le Tribunal des droits de la personne de l’Ontario (le « Tribunal ») a rendu une décision provisoire dans l’affaire Weilgosh v. London District Catholic School Board (l’« affaire Weilgosh »). Le Tribunal...more

Blake, Cassels & Graydon LLP

Unionized Employees Can Bring Human Rights Claims to Ontario Human Rights Tribunal or Labour Arbitrators

In October 2022, the Ontario Human Rights Tribunal (Tribunal) released its interim decision in Weilgosh v. London District Catholic School Board. The Tribunal held that it has concurrent jurisdiction with labour arbitrators...more

Littler

Ontario, Canada Court Confirms Sexual Harassment Not an Independent Tort

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Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment. Court confirmed that sexual harassment is not an...more

Stikeman Elliott LLP

Ontario Court Affirms that Workplace Sexual Harassment is not an Independent Tort

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The Ontario Superior Court of Justice recently released a decision, Incognito v. Skyservice Business Aviation Inc., 2022 ONSC 1795 (“Skyservice”), in which it struck out a Plaintiff’s claim for vicarious liability against her...more

Littler

Ontario, Canada Human Rights Tribunal Finds it Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims...

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The Human Rights Tribunal of Ontario recently held a preliminary hearing to determine whether allegations made under the Human Rights Code (Code) fell within the exclusive jurisdiction of a labour arbitrator, or whether the...more

Littler

Ontario, Canada: HRTO Finds Employee Was Victim of Repeated Acts of Sex Discrimination in Poisoned Work Environment

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In A.B. v. C.D., 2022 HRTO 890, the Human Rights Tribunal of Ontario (HRTO) found that the applicant was a victim of discrimination on the basis of sex and that her work environment was poisoned by repeated acts of...more

Littler

Ontario, Canada: Arbitrator Decides Employer Discriminated on Basis of Creed in Denying Request for Vaccine Policy Exemption

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In Public Health Sudbury & Districts v. Ontario Nurses’ Association, 2022 CanLii 48440 (ON LA), Arbitrator Robert J. Herman decided that the grievor was discriminated against on the basis of creed under the Ontario Human...more

Epstein Becker & Green

New York Law Prohibits Discrimination Based on Employees’ Reproductive Health Decisions

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On November 8, 2019, Governor Cuomo signed A584/S660 (“Law”) into law, one bill in a series of legislation meant to protect reproductive health rights. Under the Law, all New York employers are prohibited from discriminating...more

Genova Burns LLC

Discrimination Based on Reproductive Health Decisions Prohibited in New York

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On November 8, 2019, Governor Andrew Cuomo signed new legislation adding Section 203-e to the New York Labor Law, prohibiting employers from discriminating against employees based on their own or a dependent’s reproductive...more

Littler

Ontario, Canada: When an Employment Contract Is Frustrated Due to the Employee’s Permanent Disability, the Employer’s Duty to...

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Employers in Ontario will likely welcome the decision in Katz et al. v. Clarke, 2019 ONSC 2188 (Divisional Court), which addressed the scope of the duty to accommodate in the event of an employee’s permanent disability. ...more

Harris Beach PLLC

Governor Signs Amendments Expanding New York State’s Workplace Harassment Law

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On Monday, August 12, 2019, New York Governor Andrew Cuomo signed off on a major expansion of the state's workplace harassment and anti-discrimination law. Although the measures were passed by the State Legislature against...more

International Lawyers Network

Sexual Harassment In The Workplace: What Hungarian Companies Need To Know

What constitutes sexual harassment? In the Hungarian law, sexual harassment is covered by the general definitions of harassment stipulated by the Act CXXV of 2003 on Equal treatment (“Equal Treatment Act”) and by the Act C...more

Harris Beach PLLC

New York State Legislature Passes Major Legislation Expanding Definition of Unlawful Discrimination and Harassment

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In the closing days of its session, the New York State Legislature has passed sweeping changes to New York’s employment discrimination and harassment law. Major amendments to the state’s Human Rights Law significantly lower...more

Littler

Ontario, Canada: Arbitrator Reinstates Nurse who Misappropriated Narcotics from Patients for Her Own Use and Falsified Records to...

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Earlier this year, a labour arbitrator rendered a decision in Regional Municipality of Waterloo (Sunnyside Home) v Ontario Nurse’s Association, 2019 CanLII 43 (ON LA), that sends a clear warning to employers in Ontario about...more

Seyfarth Shaw LLP

As Effective Date For “Cooperative Dialogue” Approaches, New York City Issues Guidance

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Seyfarth Synopsis: On October 15, 2018, amendments to the New York City Human Rights Law which require employers to engage in a “cooperative dialogue” with individuals with disabilities and others regarding their...more

Littler

New York City Law Requiring Employers to Engage in a "Cooperative Dialogue" for Accommodation Requests Takes Effect October 15,...

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In the past year, both New York State and New York City have been active in amending their human rights laws. Most notably, both the city and state passed comprehensive anti-sexual harassment laws that require most employers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Times They Are A Changin’: Minnesota Bill Would Remove “Severe or Pervasive” Sexual Harassment Standard

After suffering two embarrassing departures of its members in the wake of sexual harassment complaints by staffers and female members, the Minnesota Legislature is considering amending the state’s discrimination statute to...more

Seyfarth Shaw LLP

New York City Human Right Law Imposes Stringent Accommodation Requirements for Businesses

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Seyfarth Synopsis: On January 19, 2018, the New York City passed a law requiring that businesses engage in “cooperative dialogue” with individuals with disabilities and in other protected categories in the context of...more

Harris Beach PLLC

NYC Human Rights Law and Employers' Requirements for "Cooperative Dialogue"

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A recent amendment to the New York City Human Rights Law (“NYCHRL”) reaffirms that employers must engage in a “cooperative dialogue” with employees who request a “reasonable accommodation.” While this obligation has been...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Everything Else You Need to Know About New York City’s FCA—New Rules Effective August 5, 2017

New York City has issued new rules interpreting the city’s Fair Chance Act (FCA). These rules, which went into effect on August 5, 2017, provide clarification and guidance on how employers can comply with the requirements of...more

BCLP

Avoiding State Law Pitfalls (Part 1 of 4)

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This is the first hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Navigating the treacherous waters of federal employment law is not easy. ...more

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