• When Hugging Becomes Harassment

    … to sexual harassment. How does the law protect workers from unwanted touching on the job? Two recent human rights decisions out of BC and Ontario offer some guidance. But first, some background on workplace sexual harassment, from the Supreme Court of Canada… In Janzen v Platy Enterprises Ltd., Canada’s highest court explained that: sexual harassment…

    Wendy Woloshyn/ kentemploymentlaw.com- 26 readers -
  • Second Circuit clarifies ratios in pregnancy case

    … adversely affected, then it has undoubtedly imposed a significant burden on its pregnant employees – it has burdened the only one it has. Contrary to the defendants’ implication, an employer cannot justify pregnancy discrimination by relying upon the fact that pregnant employees constitute an insignificant part of its workforce.” Legg v. Ulster County Tags: discrimination, pregnancy …

    Lamberton Law Firm, LLC- 14 readers -
  • Discrimination at its essence

    … The Third Circuit’s recent decision in Hassan v. City of New York, — F.3d —, 2015 WL 5933354 is a welcome reminder that the Court understands the real harm inflicted by discrimination. Discrimination is not, and I repeat not, principally an economic tort. Economic losses often result from discriminatory decisions, but discrimination is more…

    Lamberton Law Firm, LLC- 13 readers -
  • To politely correct the Third Circuit

    … where employer’s criticisms were erroneous or misplaced). Judges are human beings and humans make mistakes. But let’s hope we don’t see anymore like this one. Tags: discrimination, Pretext, Retaliation …

    Lamberton Law Firm, LLC- 11 readers -
  • Pregnant Employees: Accommodation, Leave and Doctors’ Notes

    … of this year, the U.S. Supreme Court ruled that Ms. Young’s discrimination case against her former employer for their failure to accommodate her should be heard by the relevant trial court. A few months after that ruling (and just recently), the NY Times published a piece in its “Well” section on the topic of how “unspecific or poorly timed” doctors…

    Wendy Woloshyn/ kentemploymentlaw.com- 32 readers -
  • TeBaerts v. Penta Building Group, 2015 BCHRT 95

    … Our client has filed a Human Rights complaint against her employer for discrimination on the basis of her family relationship (i.e. family status). We were recently successful in defending her against the employer’s application to dismiss her complaint. Click here to read the decision in TeBaerts v. Penta Building Group. The post TeBaerts v. Penta Building Group, 2015 BCHRT 95 appeared first on . …

    Wendy Woloshyn/ kentemploymentlaw.com- 18 readers -
  • Employee Childcare Obligations: A Matter of Human Rights

    … here’s a very brief overview: In British Columbia, employees’ human rights are protected by either the BC Human Rights Code or, if they are employed by the federal or a First Nations government or a federally regulated company (such as a bank), by the Canadian Human Rights Act. Both provincial and federal legislation prohibit workplace…

    Wendy Woloshyn/ kentemploymentlaw.com- 39 readers -
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