News from Workplace Wire

Workplace Wire is a labour, employment and pension law blog that connects employers to the latest developments in Ontario and Federal workplace law. The blog entries posted on Workplace Wire are written by one of the 123 lawyers in Heenan Blaikie's national Labour, Employment and Pension practice group.

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Mandatory Drug and Alcohol Testing further Restricted: Pre-Access Testing Unreasonable

An Ontario arbitrator recently held that mandatory pre-access alcohol and drug testing was an unreasonable exercise of management rights, violated the privacy rights of employees, and constituted an infringement of the Ontario Human Rights Code.

September 24, 2013

Terminated Transgendered Employee Awarded $22,000 and 8 Months Back Pay by HRTO

The Ontario legislature added "gender identity" and "gender expression" as prohibited grounds of discrimination to the Human Rights Code (the "Code") in the summer of 2012. The Human Rights Tribunal of Ontario ("HRTO") had previously recognized discrimination against transgendered-people to be prohibited on the basis of "sex", thus the Code amendments were seen by many to be largely symbolic – a formal acknowledgment of the challenges faced by one of the most marginalized groups in society. Now, one of the first decisions to consider accommodation of "gender identity" has been released.

May 16, 2013