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Discrimination

Can employees over 65 be excluded from benefits?

Can employees over 65 be excluded from benefits?

This is a question that Lindsey Taylor, a lawyer at Fasken Martineau in Vancouver, set out to answer in her article, "Benefits for Older Employees - Can They be Excluded? (April 20, 2011), written for Fasken's HR Space publication.

The article addresses three arbitration awards:  read more »

Bombardier ordered to cease applying US national security standards when processing training requests for pilots

Jurisdiction: - Quebec
Sector: - Transportation

In Commission des droits de la personne et des droits de la jeunesse c. Bombardier inc. (Bombardier Aerospace Training Center), 2010 QCTDP 16, the Quebec Human Rights Tribunal ordered Bombardier to cease applying US national security standards when processing training requests for pilots seeking Canadian licences.

Aldona Gudas, a lawyer at Blakes, has written a summary of the decision (which is in English) in a Blakes bulletin that can be found here: "Bombardier to Pay Damages Under Quebec Human Rights Tribunal Decision" (February 18, 2011).

In her article, Ms. Gudas states that this decision:
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Newfoundland & Labrador issue guidelines on new “criminal ground" protection in Human Rights Act

Jurisdiction: - Newfoundland & Labrador

In July 2010, Newfoundland and Labrador's Human Rights Act was amended to include an additional prohibited ground of discrimination known as the "criminal ground."

The Newfoundland and Labrador Human Rights Commission has issued guidelines in relation to this new ground that can be found here: "Guidelines Regarding Employment of Persons with Criminal Convictions" (current as of February 23, 2011). As set out in the Guidelines:

This new ground protects persons with a criminal record from being discriminated against by potential or current employers on the basis of that record. The Act prohibits employers from imposing conditions of employment, refusing to employ, or otherwise discriminating against an employee because of a criminal conviction that is unrelated to his or her employment.2 The following information provides further detail on the intent behind this addition to the Act. 

The Top 10 Human Rights Cases in Canada

Lancaster House is continuing its "Top 10" theme for audioconferences. This time its an audioconference on March 3, 2011 addressing The Top 10 Human Rights Cases. The cases and the issues they address (quoted from Lancaster) are:  read more »

Prohibited grounds in Canadian Human Rights Act may soon be expanded to include "gender identity/expression"

Jurisdiction: - Canada/Federal

The prohibited grounds of discrimination in the Canadian Human Rights Act ("CHRA") may soon be expanded to include "gender identity" and "gender expression".

Bill C-389 - An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity and gender expression)  - passed Third Reading in the House of Commons yesterday by a vote of 143 to 135.

In addition to amending the CHRA to include these new grounds, Bill C-389 would also amend the hate crime and sentencing provisions in the Criminal Code to offer express rights/protection to transgendered and transsexual individuals,

Bill C-389 - a private members' bill that was introduced by British Columbia NDP Member of Parliament, Bill Siksay - must now be passed by the Senate in order to become law. 

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