Canada: Discrimination, Disability & Sexual Harassment

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.

Court Of Appeal Summaries (August 11 – 15, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of August 11, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Out Of Office, Out Of Work: When Off-Duty Conduct Costs Employees Their Jobs

In a time when personal lives are frequently broadcast online and the boundaries between work and personal time are increasingly blurred, the question arises...

Canada Employment

AH

Alexander Holburn Beaudin + Lang LLP

"Just Joking": Not Every Cultural Reference Is Discriminatory

Workplaces across the world are contending these days with many questions, including whether things have gotten too "woke" when it comes to permitted conduct.

Canada Employment

GW

George Waggott Law

Employers And The Off-Duty Conduct Of Employees

Law360 Canada (August 11, 2025, 3:06 PM EDT) -- A recent decision of the Court of Appeal for Ontario offers important guidance to employers around off-duty conduct and the obligation to investigate incidents ofharassment.

Canada Employment

LL

Lerners LLP

Can You Be Fired While On Sick Leave In Canada? Know Your Rights

Canada Employment

UL

Unified LLP

Mental Health & Long-Term Disability: Can You Get Approved For Anxiety Or Depression?

Canada Employment

UL

Unified LLP

Demotion And Pay-Cut Results In Constructive Dismissal And Bad Faith Damages

Canada Employment

FW

Filion Wakely Thorup Angeletti LLP

Understanding Deductibles In Income Loss Claims

Canada Employment

MO

McLeish Orlando LLP

Out The Door, Not Off The Hook: Remedies For Employers When Post-Employment Confidentiality Obligations Are Breached

Canada Employment

WH

Williams HR Law

Fired While Struggling With PTSD? Here's What The Law Says

Canada Employment

UL

Unified LLP

Struggling With Addiction In The Workplace? You're Not Without Options

Canada Employment

UL

Unified LLP

Liberté d'expression sous condition : l'affaire Noreau clarifie les limites en milieu travail

Canada Employment

RT

Rubin Thomlinson LLP

Free Speech, But With Limits: The Noreau Case And The Boundaries Of Workplace Expression

Canada Employment

RT

Rubin Thomlinson LLP

What Happens Off-Duty Doesn't Always Stay There: ONCA Confirms Employer's Duty To Investigate

Canada Employment

WH

Williams HR Law

What Happens If An Employee's Work Permit Expires?

Canada Employment

TM

Taylor McCaffrey

Powering The Future: Canada's Leadership In Nuclear Energy & Small Modular Reactors

MA

MLT Aikins LLP

Powering Innovation: Updates On New And Clean Technology Interconnection Issues In Alberta And Ontario

C

Cassels

Ontario Court Comments On AI Competency

Canada Technology

MT

McCarthy Tétrault LLP

The Havoc Of The "Standard" Release In Employment Law And Human Rights

Canada Employment

BR

Bow River Law

How Severance Pay Affects Long-Term Disability Benefits In Ontario

Losing your job is hard. But losing it while dealing with a long-term disability?

Canada Employment

UL

Unified LLP

"Look At The Stars, Look How They Shine For You": Shining A Light On "Coldplaygate" And What It Teaches Employers

A recent viral moment at a Coldplay concert sparked more than social media buzz; it triggered a corporate crisis.

Canada Employment

WH

Williams HR Law

When Perception Is Reality: The Appearance Of Bias Undermined An Otherwise Proper Workplace Investigation

While the law continues to evolve, one longstanding principle remains unchanged: workplace investigations must be impartial, both in practice and appearance.

Canada Employment

WH

Williams HR Law

Losing Your Job While On Long-Term Disability In Ontario? Here's What You Need To Know

Losing your job is difficult enough—but losing it while you're already coping with a long-term disability can be devastating. Many people in Ontario ask: "What happens to my long-term disability benefits if I'm terminated?"

Canada Employment

UL

Unified LLP

Disability Discrimination In Hiring: What Ontario Job Seekers With Health Conditions Need To Know

Canada Employment

UL

Unified LLP

Gender Expression To Be A Protected Human Right Under Proposed Amendments To The Manitoba Human Rights Code

Canada Employment

MA

MLT Aikins LLP

When Can Long-Term Disability Frustrate An Employment Contract?

Canada Employment

SW

Soloway Wright

Le démantèlement des programmes d'EDI : réponse d'une personne racisée

Canada Employment

RT

Rubin Thomlinson LLP

Social Media Conduct In Academia: Balancing Academic Freedom And Workplace Harmony

Canada Media & IT

LL

Lerners LLP

DEI Considerations In Dealmaking

Canada Commercial

TL

Torys LLP

Recrutement intentionnel ou incitation à quitter un emploi? Décisions récentes en la matière

Canada Employment

FF

Fasken (French)

Alberta Court Of Appeal Decision Provides New Guidance On Sanctions And Hearing Costs Under The Health Professions Act

Canada Litigation

MR

McLennan Ross LLP

Prioritizing Psychological Wellness And DEI In Municipal Environments

Canada Employment

MT

Miller Thomson LLP

Avoiding Discrimination Claims: The Employer's Guide To Compliant Hiring And Terminations

Canada Employment

SL

Spring Law

Recrutement intentionnel ou incitation à quitter un emploi? Décisions récentes en la matière

De nombreuses entreprises adoptent une approche plus ciblée en matière de recrutement dans le contexte économique actuel. Dans certains cas, il peut s'agir de chercher activement à recruter...

Canada Employment

FF

Fasken (French)

Alberta Court Of Appeal Decision Provides New Guidance On Sanctions And Hearing Costs Under The Health Professions Act

The recent decision of Charkhandeh v College of Dental Surgeons of Alberta, 2025 ABCA 258 provides a significant update to the law as it relates to sanctions...

Canada Litigation

MR

McLennan Ross LLP

Prioritizing Psychological Wellness And DEI In Municipal Environments

As municipalities navigate growing demands for transparency, accountability, and service delivery, creating a workplace culture grounded in psychological wellness and diversity, equity, and inclusion (DEI)...

Canada Employment

MT

Miller Thomson LLP

Avoiding Discrimination Claims: The Employer's Guide To Compliant Hiring And Terminations

Hiring and terminating employees are two of the most critical decisions an employer can make. These moments define workplace culture, shape legal risk, and directly affect an organization's reputation.

Canada Employment

SL

Spring Law

School Board Not Liable For Tutor's Sexual Abuse: Vicarious Liability Requires More Than Opportunity

Canada Employment

F

Fasken

Constructive Dismissal Pitfalls In Employment Law: Five Key Factors For Employers

Constructive dismissal risk continues to be a key concern for Canadian employers, particularly in the context of operational changes. Courts treat a constructive dismissal as a dismissal without cause...

Canada Employment

BC

Blake, Cassels & Graydon LLP

What Is Long-Term Disability Insurance And How Does It Work?

It is important to consider long-term disability (LTD) coverage to protect your financial future. Imagine being unable to work for months, or even years...

Canada Litigation

MO

McLeish Orlando LLP

Off-Duty Sexual Harassment May Still Trigger A Duty To Investigate

In a significant decision for employers, the Ontario Court of Appeal in Metrolinx v. Amalgamated Transit Union, Local 1587, upheld the Divisional Court's ruling that quashed an arbitrator's decision reinstating...

Canada Employment

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Littler - Canada

IFW June 2025 Newsletter – The Latest News On Harassment Investigations

In the recent case of Metrolinx v. Amalgamated Transit Union, the Ontario Court of Appeal upheld a divisional court ruling quashing the decision of an Arbitrator...

Canada Employment

IF

Israel Foulon Wong

Two Recent CHRT Rulings Rein In Over-Broad Human Rights Litigation—What Employers Should Know

Canada Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

How Close Is Close? The RBC Case And The Emergence Of Fraternization Policies

Canada Employment

RT

Rubin Thomlinson LLP

NS Employers: Prepare For New Legal Obligations In September 2025

Canada Employment

CP

Cox & Palmer

Client Success Story: Last-Minute WSIAT Application Doesn't Delay Trial

Canada Employment

Wallace Smith LLP

Hiring A Contractor vs. An Employee: A Comprehensive Guide For Ontario Businesses

Canada Employment

Pacific Legal PC

Too Little, Too Late: Just Cause Termination For Non-Culpable Absenteeism After Employer's Repeated Requests For Medical Evidence Went Largely Unanswered

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

Episode 78: Building Diverse Leadership Through Equity And Inclusion (Podcast)

Canada Employment

D

Dentons

Correcting Four Misconceptions About Trauma-informed Workplace Investigations

Canada Employment

RT

Rubin Thomlinson LLP

$50,000 General Damages For Sexual Harassment- By Affidavit Evidence

Canada Employment

BR

Bow River Law

Alberta Human Rights Commission Considers Employer Obligations During Leave

Canada Employment

PM

Parlee McLaws

Refusée à l'embauche parce qu'elle est trans* : les leçons de l'affaire Bar Lucky 7

Canada Employment

RT

Rubin Thomlinson LLP

Turned Away For Being Trans: What The Bar Lucky 7 Case Tells Us About Workplace Discrimination

Canada Employment

RT

Rubin Thomlinson LLP

Why Canadian Law Firms Must Not Retreat On Diversity

Canada Commercial

LL

Lerners LLP

The Top 5 Outdated HR Policies That May Need A 2025 Refresh

Canada Employment

SL

Spring Law

Money, Power, & Respect: Takeaways From The Sean "Diddy" Combs Trial As A Workplace Investigator

Canada Employment

RT

Rubin Thomlinson LLP

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Highlighted Content

What Are The CRA Tax Breaks For Canadian Caregivers? Disability Tax Credit (DTC), Medical Expense Tax Credit (METC), And The Canada Caregiver Credit (CCC)

RS

Rotfleisch & Samulovitch P.C.

Nouvelles de l'Ontario : le projet de loi 149 propose diverses modifications, notamment les obligations de transparence salariale et de divulgation du recours à l'IA dans les offres d'emploi et le projet de loi 79 entre en vigueur

Canada Employment

SE

Stikeman Elliott LLP

AODA Reminder: Approaching Deadline (December 31, 2023) To File Accessibility Compliance Reports

Canada Employment

SE

Stikeman Elliott LLP

Best Practices For Verifying Eligibility To Work In Canada: Key Takeways From Imperial Oil Limited V. Haseeb

Canada Employment

SE

Stikeman Elliott LLP

Alberta Court Establishes New Tort Of Harassment

Canada Employment

SE

Stikeman Elliott LLP

End Of The Line: Alberta Arbitrator Finds Off-Duty Sexual Assault Of Co-Worker By Transit Operator Was Cause For Termination

Canada Employment

SE

Stikeman Elliott LLP

Ontario Court Affirms That Workplace Sexual Harassment Is Not An Independent Tort

Canada Employment

SE

Stikeman Elliott LLP

Case Law Update: Age-Based Distinction In Long-Term Disability Benefit Plan Justified Under Section 1 Of The Charter

Canada Employment

SE

Stikeman Elliott LLP

Continuous Video Surveillance Of Employees: Psychological Harassment?

Canada Employment

SE

Stikeman Elliott LLP

The Intersection Of Workers' Compensation Immunity And Constructive Termination?

Canada Employment

SE

Stikeman Elliott LLP

Latest Videos

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Woman Suing Former SickKids Doctor For Sexual Assault Finds History Of Allegations (Video)

GP

Gluckstein Lawyers

Tout connaitre sur la Loi 42 (Video)

FF

Fasken (French)

Claims For "Employment Wrongful Acts": What Liability Adjusters Need To Know (Video)

SB

SBA Lawyers LLP

Disability Accommodation In The Workplace: What Are Your Responsibilities As An Employer? (Video)

GW

Gowling WLG

What Is Duty To Accommodate (Video)

BD

Burnet, Duckworth & Palmer LLP

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