Human Rights Code: Bill 107?
An Article by Claire Hanlon - Budziak
According to the Ministry of the Attorney General’s news
release on December 6, 2006; “Bill 107; The Human Rights
Code Amendment Act, 2006 will bring the greatest changes to the
Human Rights System in Ontario since it was created 44 years ago.
It will improve the promotion, advancement, and enforcement of
Human Rights in Ontario.”
Practitioners in the field have been looking for changes to the
system which until now has allowed the Ontario Human Rights Commission
(OHRC) to decide if a complaint should be heard or not. The Human
Rights Code will still assess discrimination based on certain
specific grounds, however, under Bill 107 individuals who launch
Human Rights complaints will now have a better opportunity to
be heard by having their needs directly addressed through a Human
Rights Tribunal of Ontario. Essentially, the individual will have
his or her day in court if their complaint falls under one of
the specific grounds.
As for employers and service providers, the amended law plans
to put a system of checks and balances in place based on research,
public education, and monitoring. The Ontario Human Rights Commission
is to become responsible for monitoring the system through addressing
concerns around systemic discrimination, and the Commission is
looking to direct its energies into inquiring into any matter
if it believes doing so is in the public’s interest.
With the proposed changes, responding to each individual concern
could become costly. Your greatest cost- saving measure as, an
employer, will be to have your internal Human Rights procedures
(policies and training) updated. In-house methods, which reflect
how your company respects the dignity of each employee, are key
to good corporate practice. Whether recruiting, interviewing,
hiring, managing, dealing with a disabled or pregnant employee,
or terminating someone, your only defense is your own policy.
As an employer be aware of your rights as well as those of your
employees; understand the need for clear Human Rights guidelines
through written policies and current training for all your management
and staff.
Early conflict intervention or prevention in the workplace is
more effective than reaction after a Human Rights or Employment
Standards violation has occurred, or a formal complaint has been
received. This shows the company’s ‘good faith’
and can also keep them from experiencing costly legal battles.
Internal procedures which involve policy writing and awareness
training, as well as mediation, negotiation, and representation
services are an employer’s best option when considering
an approach not just based on monetary settlements.
Not only do updated policies and ongoing training assist you
in standing behind your company’s good reputation; they
are key to enhancing productivity. Keeping management and staff
properly informed around the changes removes misinterpretation
and helps foster a positive work environment. An informed and
educated workforce is key to maintaining management/employee relationships.
As an employer, be prepared for the emphasis on research, public
education, and monitoring that Bill 107; The Human Rights Code
Amendment Act, 2006 is beginning to introduce. Be aware of your
rights as an employer, as well as those of your employees.
Claire Hanlon-Budziak, Galileo Advisory and Training, 2 Robert
Speck Pkwy., Suite 750, Mississauga. ON L4Z 1H8, 905-277-5505
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