Prima Facie Discrimination

"Under the Influence: Discrimination Under Human Rights Legislation and Section 15 of the Charter" 3 Canadian Journal of Human Rights 115

Examines the extent that Charter of Rights concepts for determining prima facia discrimination such as stereotyping, prejudice, arbitrariness apply to finding discrimination under statutory human rights codes. 

"Discriminating Employer Pays a Decade Later: Reinstated, Decade of Back Wages Ordered", Law of Work - Archives, Regulation of Employment (Human Rights, Employment Standards)

Summary of Ontario Human Rights Tribunal decision in Fair v Hamilton-Wentworth District School Board, 2012. Author notes the remedial order may seem surprising, but the large award for the employee is guided by the long period of time (almost 9 years) taken to litigate. 

"Supreme Court of Canada Confirms Termination of Disabled Employee Not a Breach of Human Rights", Hicks Morley - FTR Now

Elk Valley analysis, prima facie case of descrimination was not made out, in which an employee did not disclose his cocaine use; authors provide a succinct section of 'implications for employers', in which safety, policy, and clarity (in termination letter) is highly valued within employer and employee interactions. 

"The Relationship Between Long-Term Disability Benefits and The Duty to Accommodate: The Plaintiff’s Perspective" BakerLaw

The article provides a useful canvass of the junction of long term disability insurance and human rights obligations. It points out insures duties and potential grounds of possible liability (breach of contract in the accommodation process, participation or complicity in discrimination, breach of the duty to act in good faith). 

"Ending Mandatory Retirement: Reassessment", 35 Windsor Rev Legal & Social Issues 22 (Special Topic: Aging)

Review of recent legislated changes on mandatory retirement in Canada; advocates a holistic approach to regulation of a worker's older age in order to best promote the right to age equality for senior workers, balancing this with the rights of employers and society overall.