Howard Levitt: What Canadian employers should know in wake of controversial U.S. abortion decision

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Howard Levitt: What Canadian employers should know in wake of controversial U.S. abortion decision
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The best time to put a workplace policy on human rights was yesterday. The next best time is now

from every conceivable political angle about the U.S. Supreme Court’s decision to overturn Roe v. Wade.

In Canada, human rights are enshrined in legislation by each province and at the federal level. For example, the Ontario Human Rights Code protects against discrimination based on pregnancy, which includes many things: if a person i s trying to get pregnant; was pregnant; is pregnant; states that she is intending to have a child; will be taking a maternity leave; has or intends to have an abortion; or experiences complications related to an abortion. So does human rights legislation in every province, Territory and federally.

Although human rights tribunals across the country are facing enormous backlogs, plaintiff side lawyers will be quick to file superior court claims for constructive dismissalHere are some tips for employers on how to navigate these topics:as result of Roe v Wade. Nothing has changed in Canada. The U.S. decision on Roe v. Wade is not an invitation to comment on your employees’ rights to abortion, religious choices, or family planning.

n employment lawyer and have all policies that may apply to your workplace drafted and put into place as soon as possible. When the pandemic first started, our office was inundated with vaccine policy requests. We are recently seeing a rise in requests for human rights, privacy and harassment policies. It is never too late to implement one. An overwhelming majority of claims we see against employers could have been avoided if a proper policy or handbook had been in place.

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