Resources

Discrimination in the professions

• July 23, 2015
• Phil Emery
• Comments Off on Discrimination in the professions

Bakerlaw has seen a series of cases recently that relate to discrimination in the professions. These cases have reminded us that regulatory bodies and employers often overlook the potential for discrimination both against professionals and by professionals.

To become a professional, an individual must meet certain standards that are set by regulatory bodies. » Read the rest

Public servants with visual impairments say government failing them

• July 23, 2015
• Phil Emery
• Comments Off on Public servants with visual impairments say government failing them

David Baker recently spoke with Julie Ireton of CBC to voice the concerns of public servants with visual impairments who allege that the federal government is lagging behind when it comes to accessibility in employment. Please see CBC’s July 2, 2015 article to learn more about the federal government’s failure to ensure all of its employees have the tools necessary to do their jobs (link to article). » Read the rest

Department of National Defence turns down foreign-trained professionals despite shortage

• April 20, 2015
• BakerLaw
• Comments Off on Department of National Defence turns down foreign-trained professionals despite shortage

Starting Monday April 13, 2015, bakerlaw appeared before the Canadian Human Rights Commission in Toronto on behalf of Arthur Keith, a former U.S Air Force psychiatrist.  Despite a shortage of mental health staff in the Canadian military, and despite Dr. Keith being licensed to practice in Ontario, his applications have been consistently turned down due to a policy that excludes foreign-born and foreign-trained specialists due to a required extra level of certification. » Read the rest

Lobbyists, public office holders and conflict of interest

• April 16, 2015
• BakerLaw
• Comments Off on Lobbyists, public office holders and conflict of interest

On April 14, 2015, the Globe and Mail reported that city councillor and vocal Uber opponent Jim Karygiannis received thousands of dollars in donations from the taxicab industry in the lead up to last year’s election (link to article). » Read the rest

Tribute to champion of disability rights, Helen Henderson

• April 14, 2015
• BakerLaw
• Comments Off on Tribute to champion of disability rights, Helen Henderson

Canadian journalism has lost its preeminent writer on disability issues. Helen Henderson, who lived much of her professional life with multiple sclerosis died on April 11^th  of cancer. Helen tackled cutting edge disability issues without ever sounding strident. The rights she demanded in her columns reflected her common sense and decency. » Read the rest

Accommodating Age in the Workplace

• March 6, 2015
• BakerLaw
• Comments Off on Accommodating Age in the Workplace

On March 24, 2015, David Baker will be delivering a paper at the Law Society of Upper Canada’s ‘Accommodating Age in the Workplace’ CPD event.  The event will examine what the virtual elimination of mandatory retirement will mean for employers accommodating an aging workforce. » Read the rest

Issues in Litigation when Workplace Investigations are Conducted

• January 30, 2015
• BakerLaw
• Comments Off on Issues in Litigation when Workplace Investigations are Conducted

Workplace investigations are becoming increasingly routine in the today’s business environment.  When a workplace investigation is conducted in an employment or human rights matter that ends up proceeding to litigation, the results of that investigation can be very valuable.  However, there are a number of issues of which an employee must be aware in terms of their rights with respect to the workplace investigation and its results, including:

1. The workplace investigation must be fair;
2. The employee must err on the side of caution and assume that the limitation period for preserving their legal rights is running while the workplace investigation is being conducted; and
3. Unless explicitly stated to the contrary, the employee should assume the employer will claim the results of the workplace investigation as privileged and confidential.

The Challenges of ‘Glass Ceiling’ Litigation

• January 5, 2015
• BakerLaw
• Comments Off on The Challenges of ‘Glass Ceiling’ Litigation

“it is not a question of whether this discrimination is motivated by an intentional desire to obstruct someone’s potential, or whether it is the accidental by-product of innocently motivated practices or systems.  » Read the rest

Ontario Human Rights Commission Releases Statement on Sexual Harassment and the Human Rights Code

• November 28, 2014
• BakerLaw
• Comments Off on Ontario Human Rights Commission Releases Statement on Sexual Harassment and the Human Rights Code

On November 25, 2014, the Ontario Human Rights Commission (OHRC) released a statement on “Sexual Harassment and the Ontario Human Rights Code” (link to statement).  In the statement, the OHRC notes that it was prompted to issue the statement as a result of ‘recent events’ (i.e.  » Read the rest

Accommodated Testing on the LSAT

• October 22, 2014
• BakerLaw
• Comments Off on Accommodated Testing on the LSAT

In May 2014, the Law School Admission Council (LSAC) settled a lawsuit with the U.S. Department of Justice regarding accommodations on the Law School Admission Test (LSAT) (link to settlement agreement).  In the lawsuit, the plaintiffs alleged that the LSAC’s accommodation policy violated the Americans with Disabilities Act, as well as state anti-discrimination laws.  » Read the rest