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Bakerlaw Blog | Recent Announcements

Accommodating Age in the Workplace

On March 24, 2015, David Baker will be delivering a paper at the Law Society of Upper Canada’s ‘Accommodating Age in the Workplace’ CPD event.  The event will examine what the virtual elimination of mandatory retirement will mean for employers accommodating an aging workforce.…

Bakerlaw Blog | Recent Announcements

Issues in Litigation when Workplace Investigations are Conducted

Workplace investigations are becoming increasingly routine in the today’s business environment.  When a workplace investigation is conducted in an employment or human rights matter that ends up proceeding to litigation, the results of that investigation can be very valuable.  However, there are a number of issues of which an employee must be aware in terms of their rights with respect to the workplace investigation and its results, including:

  1. The workplace investigation must be fair;
  2. The employee must err on the side of caution and assume that the limitation period for preserving their legal rights is running while the workplace investigation is being conducted; and
  3. Unless explicitly stated to the contrary, the employee should assume the employer will claim the results of the workplace investigation as privileged and confidential.

Bakerlaw Blog | Recent Announcements

The Challenges of ‘Glass Ceiling’ Litigation

Discrimination is often not overt. In cases of systemic discrimination, the dynamics are even more subtle, as the discrimination cannot be isolated to direct actions or statements. Moreover, systemic discrimination is often not intentional.  As Justice Abella put it in her 1984 Report of the Commission on Equality in Employment (link to report),

“it is not a question of whether this discrimination is motivated by an intentional desire to obstruct someone’s potential, or whether it is the accidental by-product of innocently motivated practices or systems. …

Bakerlaw Blog | Recent Announcements

Ontario Human Rights Commission Releases Statement on Sexual Harassment and the Human Rights Code

On November 25, 2014, the Ontario Human Rights Commission (OHRC) released a statement on “Sexual Harassment and the Ontario Human Rights Code” (link to statement).  In the statement, the OHRC notes that it was prompted to issue the statement as a result of ‘recent events’ (i.e. …

Bakerlaw Blog | Recent Announcements

Accommodated Testing on the LSAT

In May 2014, the Law School Admission Council (LSAC) settled a lawsuit with the U.S. Department of Justice regarding accommodations on the Law School Admission Test (LSAT) (link to settlement agreement).  In the lawsuit, the plaintiffs alleged that the LSAC’s accommodation policy violated the Americans with Disabilities Act, as well as state anti-discrimination laws. …

Bakerlaw Blog | Recent Announcements

The Government Spending More Money Fighting Claims than Getting People Care

An article recently published in the London Free Press outlines the transformation of Ontario’s health care coverage claim and appeal process into a system in which the Ministry of Health denies countless deserving claims and it is nearly impossible for a patient to win an appeal to the Health Services Appeal and Review Board (link to article). …