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Leonard v. Newfoundland and Labrador (Human Rights Commission)
  • Harper Grey LLP
  • Canada
  • May 10 2011

...of Inquiry (the "Board"). The Board decided that Leonard was not disabled within the meaning of the Human Rights Code (the "Code"). Leonard was not perceived by Noble to be a drug addict and therefore had...

Ontario Human Rights Commissions releases new Policy on protecting those with psychosocial disabilities
  • Borden Ladner Gervais LLP
  • Canada
  • September 11 2014

...On June 18, 2014, The Ontario Human Rights Commission (OHRC) released its new Policy on preventing discrimination based on mental health disabilities and addictions (the “Policy”). The Policy builds...

Are You Prepared? New Ontario Human Rights Commission Policies Suggest Employers Review Internal Practices
  • Borden Ladner Gervais LLP
  • Canada
  • November 1 2016

..."). The definition applies to past and present disabilities, as well as any adverse treatment which results from a perceived disability. Conditions such as multiple chemical sensitivities and food-related anaphylaxis...

Accommodating mental health disabilities and addictions with Tom Stefanik - Torkin Manes legalpoint video
  • Torkin Manes LLP
  • Canada
  • November 27 2015

...perceived by their co-workers as a problem, they fear that they will experience negative attitudes from others, or may even fear losing their jobs as a result of disclosing a mental health disability...

Are recreational drug users entitled to human rights protection?
  • Borden Ladner Gervais LLP
  • Canada
  • November 13 2007

...claiming that Weyerhaeuser discriminated against him on the grounds of disability or perceived disability. Weyerhaeuser claimed that the job offer was withdrawn because Chornyj lied, and brought...

The debate continues over pre-employment and random drug testing
  • Gowling WLG
  • Canada
  • June 5 2008

...-employment drug test was prima facie discriminatory against drug dependent persons but that there was no discrimination against the complainant in this case because he did not have a disability, actual or perceived...

By Viewing an Employee’s Disabilities as Just a “Bad Year” Employers May Have a Bad Time
  • Filion Wakely Thorup Angeletti LLP
  • Canada
  • April 7 2016

...MOU V. MHPM PROJECT LEADERS, 2016 HRTO 327 (CANLII) In a recent interim decision of the Human Rights Tribunal of Ontario, Vice-Chair Jennifer Scott held that miscarriage is a disability protected...

Good news for attendance management
  • McCarthy Tétrault LLP
  • Canada
  • June 10 2009

...on the basis of actual and perceived mental and physical disabilities, contrary to Section 13 of the B.C. Human Rights Code. The Human Rights Tribunal’s Decision The Tribunal found that the AMP resulted...

When is enough, enough? Managing difficult employees in the human rights context
  • Dentons
  • Canada
  • June 24 2015

...the complainant’s doctor without giving the employer the opportunity to cross-examine the author. Lastly, the Court found there was no perceived disability and that had there been a finding of disability, perceived...

Mental health and the workplace: Ontario Human Rights Commission releases new policy on mental health and addiction
  • Norton Rose Fulbright Canada LLP
  • Canada
  • July 17 2014

...The Ontario Human Rights Commission (the Commission) recently released its “Policy on preventing discrimination based on mental health disabilities and addictions” (the Policy). While not legally...