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“Reinstatement in relation to a disability which is highly stigmatized”

  • September 16, 2015
  • BakerLaw
  • Comments Off on “Reinstatement in relation to a disability which is highly stigmatized”

A recent ruling from the Manitoba Human Rights Commission has set an “important precedent – reinstatement in relation to a disability which is highly stigmatized,” according to David Baker.

The Commission ruled that the worker in question, who was fired three years ago for her alcohol addiction, was discriminated against because her alcohol addiction did qualify as a disability, and this “alcohol-related disability” was a factor in the employer’s adverse treatment of her, including her termination.  » Read the rest

Discrimination in the professions

  • July 23, 2015
  • Phil Emery
  • Comments Off on Discrimination in the professions

Bakerlaw has seen a series of cases recently that relate to discrimination in the professions. These cases have reminded us that regulatory bodies and employers often overlook the potential for discrimination both against professionals and by professionals.

To become a professional, an individual must meet certain standards that are set by regulatory bodies. » Read the rest

Lobbyists, public office holders and conflict of interest

  • April 16, 2015
  • BakerLaw
  • Comments Off on Lobbyists, public office holders and conflict of interest

On April 14, 2015, the Globe and Mail reported that city councillor and vocal Uber opponent Jim Karygiannis received thousands of dollars in donations from the taxicab industry in the lead up to last year’s election (link to article).

Section 140-45 of the Toronto Municipal Code, Lobbying (the Lobbying By-law), which provides that “lobbyists shall not place public office holders in a conflict of interest or in breach of the public office holders’ codes of conduct or standards of behaviour” (link to Toronto Municipal Code’s Lobbying By-law). » Read the rest

Accommodating Age in the Workplace

  • March 6, 2015
  • BakerLaw
  • Comments Off on 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.

To read David Baker’s paper, ‘Age Discrimination in Employment in the Post-Mandatory Retirement Era’, please click here (link to paper). » Read the rest

Issues in Litigation when Workplace Investigations are Conducted

  • January 30, 2015
  • BakerLaw
  • Comments Off on 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.
» Read the rest

The Challenges of ‘Glass Ceiling’ Litigation

  • January 5, 2015
  • BakerLaw
  • Comments Off on 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.  » Read the rest

Accommodated Testing on the LSAT

  • October 22, 2014
  • BakerLaw
  • Comments Off on 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.  » Read the rest

The Government Spending More Money Fighting Claims than Getting People Care

  • October 22, 2014
  • BakerLaw
  • Comments Off on 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).  » Read the rest

VIA Rail Class Action and Settlement Agreement regarding Inaccessibility of VIA train Sleeper Cars

  • October 21, 2014
  • BakerLaw
  • Comments Off on VIA Rail Class Action and Settlement Agreement regarding Inaccessibility of VIA train Sleeper Cars

In August 2014, bakerlaw posted about VIA Rail’s announcement of new accessible cabins for two on its Canadian train between Toronto and Vancouver (link to post).   Trips onboard the renovated sleeper car with an accessible double sleeping compartment are now being offered at a compensatory discount to members of a recent class action settlement in Cummings vs. » Read the rest

Youth Mental Health in Education (YMHE) Action Group – Ensuring Accessible Education for Students with Mental Health Disabilities

  • October 21, 2014
  • BakerLaw
  • Comments Off on Youth Mental Health in Education (YMHE) Action Group – Ensuring Accessible Education for Students with Mental Health Disabilities

On October 7, 2014, Toronto District School Board teacher Sheryl Boswell hosted the “Taking Action in Youth Mental Health in Education” event to raise awareness and funds for the Youth Mental Health in Education (YMHE) Action group.  The YMHE Action group is comprised of educators, parents, people with experience in mental health issues, and concerned community members, all of whom share the goals of increasing awareness of youth mental health issues in the educational system and ensuring that accessible education is a reality for all. » Read the rest

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