Latest news with #OntarioHumanRightsCode
Toronto Star
12-05-2025
- Business
- Toronto Star
An employee wants a paid day off for a religious holiday that I've never heard of. Am I obligated? Ask Soma
Q: An employee recently asked me for a day off for a religious holiday that I've never heard of. Do I have to pay for the day if it's not a statutory holiday? A: The simple answer is that an employer is not obligated to pay an employee for a religious holiday that is not a statutory holiday. However, the Ontario Human Rights Commission (OHRC) states that when an employee requests time off to observe a holy day, the employer has an obligation to accommodate. ARTICLE CONTINUES BELOW In fact, the OHRC guideline notes that the employer should offer the employee options to have the time off without losing wages or using vacation time. Its policy position states that accommodation options could include special/compassionate paid leave, scheduling changes, overtime, use of lieu time, compressed work week arrangements, and if applicable, working on a statutory holiday. Business Opinion Soma Ray-Ellis: I'm in HR, and post-pandemic finding it hard to get employees to dress properly. Can I force a dress code? Ask Soma Employers certainly have the right to enforce a dress code, writes Soma Ray-Ellis, but the rules It is also important to note that an employer is not obligated to accommodate if the request causes what is referred to as undue hardship. The Ontario Human Rights Code considers cost, applicable outside sources of funding, and health and safety requirements when assessing whether accommodation would qualify as such. No other considerations can be taken into account under Ontario law. It is very difficult to meet the standard of undue hardship under Ontario laws, and it is much easier to work co-operatively with the employee. If you want to refuse accommodation you will have to provide figures, facts, and scientific data or opinion to substantiate your claim. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW The cost of doing that is typically higher than providing the accommodation. Factors such as business inconvenience, employee morale, customer and third-party preferences are not valid points when proving undue hardship. As you are aware, Ontario has nine public holidays: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day. Of this list, Good Friday, Christmas, and Boxing Day are the only statutory holidays with religious roots. Business Opinion Soma Ray-Ellis: Show me the money! How will Ontario's new wage transparency law affect me? Ask Soma Starting next year, writes Soma Ray-Ellis, new Ontario pay transparency laws will require every Employers are still expected to accommodate religious holidays that are outside of these three. Collective Agreements also cannot act as a bar to accommodate. It is vital to be tactful and respectful when approached about religious requests. For example, some religions might require daily set time for prayer. The employee can easily make up the time or use their breaks/lunch to practise their faith. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW Keep in mind that the OHRC outlines that asking for information about an employee's religious beliefs and practices could breach their privacy and dignity. At the same time, employers must have enough information to allow them to meet their duty to accommodate. Therefore, an employee seeking accommodation must inform their employer of the needs associated with their religious practices. Business Opinion Soma Ray-Ellis: I recently resigned but regret it. Is there any way I can get my job back? Ask Soma The law on resignation is quite clear, Soma Ray-Ellis writes. However, as a general rule of thumb, the employer should take requests for accommodation in good faith, unless there is evidence that the request is not genuine. They should also limit requests for information to those reasonably related to establish legal responsibilities, assess needs, limitations or restrictions, and make the accommodation. The goal of accommodation is to provide everyone with a discrimination free workplace.
Toronto Star
28-04-2025
- Business
- Toronto Star
I'm in HR, and post-pandemic finding it hard to get employees to dress properly. Can I force a dress code? Ask Soma
Q: I am an HR manager, and since the return of employees to the workplace after the COVID-19 pandemic, I've been having difficulty getting people to dress in a professional manner. What rights do companies have when it comes to this issue, and what are the pitfalls? A: As you know, remote work options during the pandemic offered employees flexibility when it came to how they presented themselves. ARTICLE CONTINUES BELOW The shift back to in-person work is still an adjustment for many, and there appears to have been a cultural shiftin what is considered acceptable dress at the office. I recently read an article about the 'office siren' look gaining traction in corporate culture, which allows for bold colours and statement jewelry for women, while still maintaining a professional look. Similarly, there is a lot of discussion about male grooming of facial hair, or lack thereof, and the lack of ties. Business Opinion Soma Ray-Ellis: Trump's tariffs have driven me to start a 'Buy Canadian' campaign at work. Will this get me in trouble? Ask Soma Tread carefully when organizing projects not related to work in the office, writes Soma However, employers still have the right to enforce dress code policies. And employees are still required to adhere to them — as long as they are justifiable and do not violate Human Rights legislation. The Ontario Human Rights Commission (OHRC) outlines that dress code rules must be applied fairly. Additionally, the OHRC also has a checklist to help employers ensure that their dress codes are consistent with the Ontario Human Rights Code protections relating to sex and gender. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW The following points outline what a dress code policy should consist of, according to the government agency: • Allow for a range of dress/uniform options, for all staff in all front-of-house positions. • Not require staff to wear sexualized, revealing or gender-stereotypical clothing. • Make sure that all staff can choose from clothing options, including pants, that are comparable in terms of style, comfort, practicality and coverage, regardless of sex or gender. • Offer uniform sizes that fit a wide range of body types. • Not include grooming or appearance rules or expectations for women that are more onerous than those for men, or that are sexualized or based on stereotypical ideas of female attractiveness. • Allow for a range of hairstyles, and not require a specific hairstyle unless it is a legitimate requirement of the job (e.g. food preparation). ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW • Include processes for handling dress code-related accommodation requests and complaints. If you do not yet have a dress code policy, drafting one would be the first step. You have a right to determine and define what 'professional' means in your work environment. Specify the articles of clothing that are considered not acceptable. For example, T-shirts with logos, denim, lowrise pants, baseball caps, running shoes, miniskirts, tank tops, and flip flops are typical things that are prohibited in most office environments. Business Opinion Soma Ray-Ellis: My boss gave me a lingerie shop gift card for secret Santa leaving me uncomfortable. What can I do? Ask Soma In the post #MeToo world, writes Soma Ray-Ellis, you would hope people in positions of power The policy should also explain the reason for this dress code in clear language. If your company already has a detailed policy, consider sending out a general reminder via email to all employees. However, if you find that specific employees continuously are not following dress code rules, approach them one on one in a private manner. A simple conversation could resolve this matter. It is important to also be open to employee feedback regarding the policy.
CBC
17-04-2025
- Politics
- CBC
Hundreds gather in downtown Toronto to protest against 'bubble zone' bylaw plan
Hundreds of people gathered outside Toronto city hall on Thursday to rally against a plan for a bylaw banning demonstrations directly outside places of worship, faith-based schools and cultural institutions. The rally, organized by a coalition of unions, community and civil liberty groups, also celebrated the 43rd birthday of the Canadian Charter of Rights and Freedoms. Some city councillors, including Chris Moise, Gord Perks and Alejandra Bravo, joined the rally. Rev. Dr. Paul Shepherd, of United Church of Canada, speaking in a personal capacity and not for church, told the crowd he understands the intention of such a bylaw is to protect people of faith from harassment and disruption. "Of course, nobody should be subject to hate or intimidation, but we already have laws in Canada to address these things," Shepherd said. "Hate laws, criminal harassment laws, municipal noise laws — we have laws in place." "So this proposal does not fill a gap. It creates a new gap by undermining the freedom to protest." Shepherd said he has attended many protests over the years, including ones recently against the war in Gaza. He said the proposal suggests places of worship should be shielded from the accountability that comes from protests. "But we should not confuse discomfort with actual danger," he said. "And I say this as someone inside the religious world, places of worship are not always neutral." Shepherd said he hopes council doesn't move forward with bubble zones. "Let's build a city where justice, truth and faith can all be shared space, including sidewalks," he said. According to a city council motion passed in December, the proposed "bubble zone" bylaw would create community safety zones, or "bubble zones" in front of vulnerable institutions, such as places of worship, faith-based schools and cultural institutions, as a way to protect them. The motion says the proposed bylaw would support "the City's commitment to keeping Torontonians safe from hate" and protect Charter rights "that address impacts of demonstrations that target people based on their identity as prohibited under the Ontario Human Rights Code." The issue is expected to be raised at council's meeting next week because Perks has asked city staff a number of questions about the language used in an online survey that is part of public consultation on the issue. The administrative inquiry he has submitted is on the agenda for that meeting. As well, the issue is expected to be discussed by city council at its May meeting, when city staff have said they will report back with a proposed bylaw and make recommendations. Charter rights 'not just for protesters,' councillor says Coun. James Pasternak, one of the leading voices advocating for the bylaw, said favours protecting vulnerable institutions from protests through bubble zones. He said the bylaw could be similar to those passed by Vaughan and Brampton. No details are in place for what council will ultimately vote on. Following Hamas's Oct. 7, 2023 attack on Israel and amid Israel's war on Gaza, protesters have taken to Toronto streets and demonstrated in front of hospitals, places of worship and cultural centres. "It doesn't affect the Charter right of freedom of peaceful assembly," Pasternak said of the proposal. "All it does it move people back from doorways and from blocking entrances to institutions such as abortion clinics, frontline healthcare workers or places of worship." Pasternak, who represents Ward 6, York Centre, said a "bubble zone" bylaw is valuable because it would give the Toronto police another tool as well as specific political direction from council. He added that other municipalities have adopted similar bylaws that prohibit demonstrations within 50 to 150 metres of vulnerable institutions.
