Canadian Employment Law Today

Canadian HR Reporter, 2020 acted unreasonably during the process. The real law on this is a bit more complicated, but for our purposes here, this will suffice. At the tribunal, however, there are no cost consequences. This allows applicants to make claims that lack merit and drag em - ployers through the process, without much of a recourse for the employer. Employers that do not have discrimina- tion and equality policies, as well as a com- plaint process, may be at a heightened risk of liability — especially when there are no policies or procedures already in place. If a human rights claim is made against the employer, the basic elements that may con - stitute due diligence — such as policies, agreement clauses and processes — are missing and, therefore, make it more dif- ficult to prove that the employer has tak- en steps to promote a discrimination-free workplace environment. Practical solutions Justice must not only be done but must also be seen to be done. Implementing a non-discrimination policy is typically a first step in demonstrating that the employer is committed to fostering a discrimination- free workplace. Having a complaint process established and ensuring employees are aware of and acknowledge this policy is also equally important. In the 2018 decision Gordon v. Best Buy Canada Inc., the Ontario Human Rights Tribunal affirmed that employers who have knowledge of a harassment or discrimina - tion and do not take appropriate steps to address it may be liable for acts of harass- ment committed by an employee. Conducting a full review of the company's policies, processes and procedures to iden- tify any embedded discrimination will as- sist the employer in having clear visibility of where improvements can be made. Regular employee satisfaction surveys are another tool for employers to identify poten- tial workplace issues with respect to discrim- ination or harassment. Some employees may be hesitant to come forward and, as such, leaving the employer with a misrepresented understanding of whether there are discrimi- nation concerns within their company. The results of such a survey allows employers to gauge the needs of its employees. The recent spotlight on racial discrimi- nation and sexual harassment in society has magnified our awareness of important issues, including in the workplace. Employ- ers that take the time to proactively reflect, identify problematic areas and implement proper strategic and practical solutions geared to remove biases from the fabric of their organizations reduce the risk of hu - man rights claims. For more information, see: • Gordon v. Best Buy Canada Inc., 2018 HRTO 1816 (Ont. Human Rights Trib.). November 4, 2020 | Canadian Employment Law Today CREDIT: JOSIE DESMARAIS iSTOCK Employers that don't have discrimination and equality policies, as well as a complaint process, may be at a heightened risk of liability. ABOUT THE AUTHOR Christopher Achkar Christopher Achkar is an employment and human rights lawyer and principal of Achkar Law in Toronto. He can be reached at (647) 946-6440 or by visiting www.achkarlaw.com.

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