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Understanding Your Obligations under Ontario's Human Rights Laws [Shared]

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Ali Alatas

on 15 June 2016

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Transcript of Understanding Your Obligations under Ontario's Human Rights Laws [Shared]

Understanding Your Obligations under Ontario’s Human Rights Laws
Training Thursdays
Thursday June 16, 2016
9:00AM to 9:30AM EST
Understanding Your Obligations under Ontario’s Human Rights Laws
Webinar Overview
Discuss statutory laws that touch on human rights
Review the Ontario Human Rights Code and an Employer’s duties regarding the Code
Examine Best Practices for Prevention of the Most Common Workplace Human Rights Complaints
Practical and precise employment law solution
The Code:
Duty to Accommodate
Statutory prohibition against discrimination. Employers must:
Make appropriate inquiries to obtain relevant facts about an individual’s needs
Act in good faith and make every reasonable effort to find a suitable solution to help eliminate barrier
Document steps taken to accommodate individual
Human Rights
Purpose
Create a society in which there are no impediments to the full and free participation
Promote a climate of understanding and mutual respect where all are equal in dignity and rights
Identify and eliminate persistent patterns of inequality
Provide a means of redress for those persons who face discrimination
Sex (Pregnancy)
Family Status
Questions
?
Date:
Thursday July 21st – 9:00AM to 9:30AM
Topic:
Complying with
Employment Standards Laws
Next Webinar
Practical and precise employment law solution
Thank You for Attending!
Human Rights Code – Prohibited Grounds
Where it typically arises:
Recruitment and selection
Dismissals and layoffs
Promotions and transfers
Limits to Duty to Accommodate
Undue Hardship
Significant difficulty or expense to accommodate
Bona Fide Occupational Requirement
Employers may lawfully discriminate, based on an otherwise prohibited ground, if the workplace rule, policy, standard or criteria is a “bona fide occupational requirement (BFOR)”
Best Practices
Create formal, defensible job qualifications and selection criteria
Create a procedure for pregnancy/parental leave and a return to work plan
Provide modifications for employees who may require accommodation for breast feeding
Statutory Laws
Human Rights Code
(the “Code”)
Accessibility for Ontarians with Disabilities Act
(“AODA”)
Employment Standards Act
(“ESA”)
Age
Ancestry, Colour, Race
Citizenship
Ethnic origin
Place of origin
Creed (Religion)
Disability
Family status
Marital status (including single status)
Gender identity, gender expression
Record of offences
Sex (including pregnancy and breastfeeding)
Sexual orientation
Where it typically arises:
Dismissals and layoffs
Hours of work and overtime
Promotions and transfers
Best Practices
Consider flexible schedules/alternative work arrangements
Offer personal days and/or unpaid time away from work
Creed (Religion)
Where it typically arises:
Hours of work; scheduling
Workplace policies and procedures
Best Practices
Review of policies and procedures to ensure they do not negatively impact on basis of creed
Offer personal days and/or unpaid time away from work
Consider flexible schedules/alternative work arrangements
Disability
Best Practices
Create formal, defensible job qualifications and selection criteria
Consider flexible schedules/alternative work arrangements
Proactively engage employee in developing accommodation solutions
Manage illness related absences: document accommodation and return to work plan
Where it typically arises:
Recruitment and selection
Hours of work
Performance management
Leaves of absence
Full transcript