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DTSTART;VALUE=DATE:20250430
DTEND;VALUE=DATE:20250503
DTSTAMP:20260903T053949
CREATED:20241021T154910Z
LAST-MODIFIED:20241021T154910Z
UID:15154-1745971200-1746230399@lancasterhouse.com
SUMMARY:Toronto Human Rights and Accommodation Conference
DESCRIPTION:Toronto Human Rights and Accommodation ConferenceConference Co-ChairsComing Soon \nConference Advisory CommitteeComing Soon. \nWednesday\, April 30\, 2025*Workshop sold separately from stand-alone conference. \nWorkshopComing Soon \nThursday\, May 1\, 2025Coming Soon \nFriday\, May 2\, 2025Coming Soon \nCPDCPD\nLancaster House provides professional education programs that qualify for CPD credit for human resources professionals\, lawyers\, and paralegals across Canada.
URL:https://lancasterhouse.com/event/toronto-human-rights-and-accommodation-conference-2025/
LOCATION:Vantage Venues\, 150 King Street West\, Toronto\, Ontario\, M5H 1J9\, Canada
CATEGORIES:Conference,Human Rights & Accommodation
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BEGIN:VEVENT
DTSTART;VALUE=DATE:20250416
DTEND;VALUE=DATE:20250418
DTSTAMP:20260903T053949
CREATED:20240806T201553Z
LAST-MODIFIED:20241008T171047Z
UID:14518-1744761600-1744934399@lancasterhouse.com
SUMMARY:Vancouver Human Rights and Accommodation Conference
DESCRIPTION:Vancouver Human Rights and Accommodation ConferenceConference Co-ChairsComing Soon \nConference Advisory Committee\n\n \nMegan Ashbury\nArbitrator\, Mediator and Workplace Investigator \n\n\n \nLaura Track\nHuman rights lawyerDirector of the Community Legal Assistance Society’s Human Rights Clinic.Director of Human Rights ClinicDirector of Public Legal EducationCommunity Legal Assistance Society (CLAS) \n\n\n \nKristen Woo\nLegal counselBC Public School Employers’ Association \n\n\nHyatt Regency Vancouver - Discounted Room\nGroup rates are now available with limited space availability: \n\n\n\nCheck-in\nCheck-out\nGroup rate\n\n\nTuesday\, April 15\nSaturday\, April 19\n$295/night\n\n\n\nCut-Off Date \nReservations made by attendees must be received on or before Tuesday\, March 25\, 2025\, after which any reservations made will be based on a space-and rate-available basis. \nContact \nPhone: 1-800-233-1234 \nWednesday\, April 16\, 2025*Workshop sold separately from stand-alone conference. \nWorkshopComing Soon \nThursday\, April 17\, 2025Coming Soon \nCPDCPD\nLancaster House provides professional education programs that qualify for CPD credit for human resources professionals\, lawyers\, and paralegals across Canada.
URL:https://lancasterhouse.com/event/vancouver-human-rights-and-accommodation-conference-2025/
LOCATION:Hyatt Regency Vancouver\, 655 Burrard Street.\, Vancouver\, B.C.\, Canada
CATEGORIES:Conference,Human Rights & Accommodation
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BEGIN:VEVENT
DTSTART;VALUE=DATE:20240418
DTEND;VALUE=DATE:20240420
DTSTAMP:20260903T053949
CREATED:20231109T142359Z
LAST-MODIFIED:20240723T174556Z
UID:11264-1713398400-1713571199@lancasterhouse.com
SUMMARY:Toronto Human Rights and Accommodation Conference: Current practices\, emerging trends
DESCRIPTION:Toronto Human Rights and Accommodation ConferenceConference Co-Chairs\n\n \nSarah Atkinson\nLabour Arbitrator and Mediator \n\n\n \nBonny Mak\nEmployer Counsel\nFasken Martineau DuMoulin LLP \n\n\n \nKristen Allen\nUnion Counsel\nUrsel Phillips Fellows Hopkinson LLP \n\n\nInterested to attend\, but need a little more time to confirm?\n RSVP today for best pricing and supportConference Advisory Committee\n\n \nRaj Dhir\nExecutive Director\nIndigenous Justice Policy (Indigenous Justice Division)\nMinistry of the\nAttorney General \n\n\n \nShana French\nEmployer Counsel\nSherrard Kuzz LLP \n\n\n \nJenny Neiman\nSenior Manager\, Human Rights Office\nCity of Toronto \n\n\n \nGregory Ko\nUnion Counsel\nKastner Ko LLP \n\n\n \nSeema Lamba\nHuman Rights\nPrograms Officer\nPublic Service Alliance of Canada (PSAC) \n\n\nThursday\, April 18\, 2024Registration and Breakfast: 8:00 am – 9:00 am ET \nOpening Remarks: 9:00 am – 9:05 am ET \nPanel 1 - Human Rights Highlights: The latest caselaw and legislative developments - 9:05 am – 10:35 am ET\n\n\n \nMeg Atkinson\nUnion Counsel\nKastner Ko LLP \n\n\n \nKim Bernhardt\nArbitrator/Mediator \n\n\n \nMatthew Horner\nLegal Counsel\nOntario Human Rights Commission \n\n\n \nNeena Gupta\nEmployer Counsel\nGowling WLG \n\n\n \nWade Poziomka\nUnion Counsel\nRoss & McBride LLP \n\n\n \nHossein Moghtaderi\nEmployer Counsel\nFilion Wakely Thorup Angeletti LLP \n\n\nIn this session\, panelists will examine recent noteworthy cases and legislative developments. Speakers will discuss the latest cases addressing: medical information disputes\, caste-based discrimination\, workplaces poisoned by harassment and discrimination\, biometric monitoring\, citizenship-based discrimination\, and Anti-SLAPP cases (motions to dismiss defamation lawsuits that are designed to suppress free speech. \nThis panel will also address Ontario and federal legislative initiatives\, including: \n\nOntario’s Working for Workers Four Act\, 2024 (Bill 149);\nFederal legislation targeting forced labour and child labour (Bill S-211);\nProposed prohibition of strike replacement workers (Bill C-58); and\nAmendments to federal Employment Equity Act (Bill C-64) expanding reporting requirements.\nProposed changes to the Employment Standards Act\,\n\nBreak: 10:35 am – 10:50 am ET \nPanel 2 - Investigating Investigations: Examining current practices and recent caselaw - 10:50 am – 12:05 pm ET\n\n\n \nSharon Naipaul\nMediator/Investigator\nStrategic Workplace Equity and Conflict Resolution Solutions \n\n\n \nOzlem Yucel\nEmployer Counsel\nTurnpenney Milne LLP \n\n\n \nAndrea Wobick\nUnion Counsel\nUrsel Phillips Fellows Hopkinson LLP \n\n\nIn this session\, expert panelists will examine recent caselaw addressing workplace investigations and will explore key principles and best practices in conducting fair\, adequate\, and effective investigations into human rights-related allegations. \nThe panel will address questions including: \n\nWhat lessons can be learned from recent cases as to what constitutes a fair and adequate investigation process? What procedural flaws have been found to render an investigation unfair or inadequate?\nIs a formal investigation always required when an employee raises human rights-related concerns? When might other options\, such as alternative dispute resolution\, be permissible or preferable?\nWhen is retaining a third-party investigator necessary? What other alternatives are possible?\nCan the grounds for an investigation be expanded after the investigation has already commenced – for example\, if an investigation reveals issues of systemic discrimination?\nWhat are best practices for countering unconscious and implicit bias and otherwise ensuring stereotypes and discrimination do not impact the investigatory process?\nHow much latitude do employers have to order investigations into off-duty conduct? May workplace investigators ask to examine employees’ personal devices\, such as laptops or cellphones\, which employees use exclusively or primarily for personal purposes?\nWhat legal avenues are available to employees who wish to challenge what they believe to be an unfair or improper investigation into their human rights allegations? Can an investigator be held personally liable for conducting an inadequate investigation?\nHow should employers and unions respond when an investigation reveals bad faith allegations by an employee? What role does the union have in restoring a safe and healthy workplace for all parties following an investigation?\n\nNetworking Lunch: 12:05 pm – 1:05 pm ET \nPanel 3 - Beliefs and Boundaries: Reconciling employee free speech and employer concerns - 1:05 pm – 2:20 pm ET\n\n\n \nAngela Bradley\nLawyer\, Mediator\, Workplace Investigator \n\n\n \nLorenzo Lisi\nEmployer Counsel\nAird & Berlis LLP \n\n\n \nPatricia D’Heureux\nUnion Counsel\nCavalluzzo LLP \n\n\nTensions may arise between employee free speech and an employer’s duty to ensure a safe and respectful workplace. How can these arguably competing rights and obligations be balanced? \nIn this session\, a panel of experts will address: \n\nWhat is the line between safeguarding employee free speech and ensuring a respectful and safe work environment? Do employees have the right to express their views on potentially controversial and/or political matters at work?\nCan employers discipline employees for private statements and/or expressions made outside the workplace?\nTo what extent will arbitrators consider Charter rights and values such as freedom of expression in the context of off-duty conduct?\nWhat is the extent of a union’s duty to represent members who face work-related consequences for their potentially polarizing beliefs? When will a union’s decision not to represent a member constitute a breach of the duty of fair representation?\n\nBreak: 2:20 pm – 2:35 pm ET \nPanel 4 - Is it Harassment or Not? An interactive panel with case studies and scenarios - 2:35 pm – 3:50 pm ET\n\n\n \nBay Ryley\nPresident\nRyley Learning \nLawyer\nEmployment & Human Rights\nRyley Law \n\n\n \nMelissa Roth\nEmployer Counsel\nGowling WLG \n\n\n \nAleisha Stevens\nUnion Counsel\nCaleyWray \n\n\nIn Ontario\, workplace harassment is defined as “engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome.” In many instances impugned conduct or comments will clearly meet this definition\, but in other cases debate may arise as to whether the alleged harasser ought reasonably to have known that certain comments or conduct would be unwelcome. \nThis session will highlight the degree to which reasonable minds may disagree about whether certain comments or conduct constitute harassment\, probe the reasons behind such disagreement\, and address questions such as: \n\nShould a complainant’s subjective feelings of humiliation or offence be determinative of whether certain conduct constitutes harassment? If not\, why not?\nWhat role do a complainant’s personal characteristics – gender and race\, for example – play in determining whether certain conduct should be reasonably seen to be offensive? How might a decision-maker’s unconscious bias interfere in the analysis of whether conduct could reasonably be seen to be insulting or humiliating?\nDoes workplace culture play any role in determining whether conduct ought reasonably to have been known to be offensive?\nIs the analysis of whether conduct constitutes harassment affected by a friendship or previous romantic relationships between complainant and respondent? What about power imbalances or lack thereof?\nHow is the reasonableness of management action assessed to determine whether or not it constitutes harassment?\n\nClosing Remarks: 3:50 pm – 4:00 pm ET \nFriday\, April 19\, 2024Registration and Breakfast: 8:00 am – 9:00 am ET \nOpening Remarks: 9:00 am – 9:05 am ET \nPanel 5 - Putting Neurodiversity to Work: Effective strategies for recruitment\, accommodation\, and retention - 9:05 am – 10:20 am ET\n\n\n \nSandy Donaldson\nLabour Relations Officer\nOntario Nurses’ Association (ONA) \n\n\n \nSimon Margolis\nKnowledge Management Lawyer\nBorden Ladner Gervais LLP \n\n\n \nSara Parchello\nEmployer Counsel\nBennett Jones LLP \n\n\nThere is increasing recognition that neurodivergence is a strength\, not a deficit\, and building inclusive\, neurodivergent workplaces makes a positive impact. In this panel\, experts will examine how employers can effectively recruit\, retain\, and accommodate neurodivergent employees\, and how unions can support their neurodivergent membership. \nSpecifically\, the panel will address: \n\nHow can businesses benefit from hiring neurodivergent employees?\nWhat measures can employers put in place to effectively recruit neurodivergent employees? How can employers support/accommodate neurodivergent applicants throughout the recruitment process?\nConsidering the emphasis on self-identification in the neurodiverse community\, must employees who identify as neurodivergent provide evidence of a medical diagnosis to access initiatives designed to recruit diverse employees? How should employers respond to these disclosures when they occur?\nHow do common stereotypes hinder the inclusion and accommodation of neurodivergent employees in the workplace? What can be done to guard against these stereotypes?\nWhat should workplace parties know about specific conditions such as Autism Spectrum Disorders (ASD)\, Attention-Deficit/Hyperactive Disorder (ADHD)\, and learning disabilities falling under the umbrella of neurodivergence? Do these conditions share any similarities? How might they affect an employee’s work performance?\nWhat are the signs an employee may be struggling with work performance or workplace relationships because of a neurological difference such as ASD or ADHD? When does the employer have a duty to inquire as to whether the employee in question requires accommodation?\nWhat are some examples of appropriate and effective accommodations for neurodivergent employees?\nWhat kind of medical information can employers request from employees seeking accommodation on the basis of neurodivergence? Can a detailed neuropsychological evaluation report be required? How often\, if ever\, can updated medical information be requested from a neurodivergent employee\, who\, by definition\, has a lifelong condition?\nWhat accommodations should unions provide to neurodivergent members accessing union services and using union processes?\n\nBreak: 10:20 am – 10:35 am ET \nPanel 6 - Truly Transformative? Recent federal and Ontario initiatives in employment equity - 10:35 am – 11:50 am ET\n\n\n \nPatricia DeGuire\nChief Commissioner\nOntario Human Rights Commission (OHRC) \n\n\n \nPriya Sarin\nEmployer Counsel\nSherrard Kuzz LLP \n\n\n \nAditya Rao\nSenior Officer\, Human Rights\nCanadian Union of Public Employees (CUPE) \n\n\nIn this session\, panelists will address the recent report of the federal Employment Equity Act Review Task Force and related change to the Act\, exploring broader lessons learned for workplace parties in all sectors and drawing connections to recent provincial initiatives aimed at promoting workplace equity. \nQuestions to be addressed include: \n\nWhat changes did the Task Force recommend with respect to how employment equity groups are defined and described under the Employment Equity Act?\nWhat is “intersectionality” and why is it important to adopt an intersectional approach to workplace policies? What recommendations did the Task Force make in this regard?\nHow can employers shift from a “top-down” approach to employment equity to a consultative process which involves unions and employees? What lessons can be learned from the Task Force’s recommendations regarding workplace employment equity committees?\nWhat problems did the Task Force identify with the concepts of “merit” or “fit” in recruiting and promoting employees?\nHow can workplace parties ensure that the collection of employee data for equity-related initiatives is meaningful and appropriate? What common pitfalls have led to what the Task Force deems “superficial data collection”? How can employers and unions measure and evaluate progress toward workplace equity?\nWhat recommendations did the Task Force make with respect to the use of non-disclosure agreements? Are there currently any restrictions regarding the use of these agreements in Ontario?\nHow is the Ontario Working for Workers Four Act\, 2023\, if passed\, expected to address issues of discrimination in recruitment and promotion as identified by the Task Force? How does the legislation compare to\, for example\, B.C.’s recently-passed Pay Transparency Act?\nWhat key updates should employers make to workplace harassment and discrimination policies taking into account the recommendations of the Task Force? Should employers updating their policies make any changes in light of the recent Ontario Human Rights Commission’s Policy position on caste-based discrimination?\n\nNetworking Lunch: 11:50 am – 12:50 pm ET \nKeynote - Building inclusive workplaces: Promising practices and future possibilities - 12:50 pm – 1:20 pm ET\n\n\n \nDr. Rebecca Gewurtz\nAssociate Professor\nSchool of Rehabilitation Science\nMcMaster University \nAdjunct Scientist\nInstitute for Work and Health (IWH) \nDirector\nInclusive Design for Employment Access (IDEA) Social Innovation Laboratory \n\n\nThe Inclusive Design for Employment Access (IDEA) is a social innovation laboratory that is focused on strengthening the capacity of Canadian employers to fully include persons with disabilities within Canadian workplaces. In this talk\, I will outline some of the promising practices that are emerging from our work with employers and other stakeholders to improve organizational capacity to hire\, support\, and promote persons with disabilities in diverse roles across different sectors. I will share what we currently know\, what we are working on\, and ways that different stakeholders\, including service providers\, government decision-makers\, labour representatives\, disability organizations\, and employers can work on together to build more inclusive Canadian workplaces. I will share what we mean by inclusive hiring\, onboarding\, mentorship and advancement practices\, and where employers often run into challenges despite good intentions. I will conclude by sharing some emerging developments to watch for as we continue our partner-based work within IDEA. \nPanel 7 - AI and Human Rights: Exploring the promise and peril of artificial intelligence in the workplace - 1:20 pm – 2:30 pm ET\n\n\n \nJames Craig\nUnion Counsel\nMorrison Watts Hurtado & Buchner \n\n\n \nRyan Fritsch\nCounsel\nLaw Commission of Ontario \n\n\n \nAmanda Hunter\nEmployer Counsel\nHunter Liberatore Law LLP \n\n\nIn this session\, expert panelists will provide guidance on the continuing evolution of Artificial Intelligence (“AI”) and the legal landscape surrounding it\, the use of AI by employers\, and the workplace human rights implications paired with it. Panelists will address questions including: \n\nWhat laws regulate AI in Canada? What rules are in place to protect individuals from discriminatory effects resulting from the use of AI?\nWhat are employers most commonly using AI for? How can the use of AI negatively or positively impact workplace human rights?\nAre there legal limits on an employer’s ability to use AI in the workplace? Can an employer’s right to use AI be limited through collective agreement language?\nWill human resources be taken over by “algorithmic management\,” defined as delegating to algorithms certain managerial tasks such as filtering through applications for employment\, assessing employee performance\, or even making decisions regarding termination of employment?\nHow have arbitrators and adjudicators treated the use of AI in the workplace in light of anti-discrimination and duty to accommodate laws\, such as an employer’s use of biometric scanning or AI driven recruitment processes?\nAre employees entitled to information about how their employer is using AI and monitoring and surveillance technologies? How can collective bargaining provisions address these issues?\nWhat can employers do to mitigate risks of bias\, discrimination or otherwise preventing potential breaches of human rights laws when using AI?\n\nBreak: 2:30 pm – 2:45 pm ET \nPanel 8 - Ties That Bind: Accommodating family status and caregiving obligations - 2:45 pm – 3:55 pm ET\n\n\n \nShane Todd\nEmployer Counsel\nFasken Martineau DuMoulin LLP \n\n\n \nReema Khawja\nSenior Counsel\nOntario Human Rights Commission \n\n\n \nDoug Wray\nUnion Counsel\nCaleyWray \n\n\nIn this interactive session\, expert panelists will address the test for family status in Ontario and engage audience members in exercises illustrating practical applications of the test\, better equipping employers and unions to navigate accommodation requests. Speakers will address issues including: \n\nWhat forms of caregiving fall under the protective umbrella of family status accommodation?\nWhat constitutes a sufficiently serious interference with a family obligation such that it will amount to family status discrimination?\nHow can employers and unions distinguish preferences from obligations? For example\, when will a request to work from home to provide caregiving to elderly parents or young children amount to an obligation rather than a preference? What about requests such as leaving work early to enable an employee to pick up a child from school rather than have that child take the bus?\nAre employees required to demonstrate that they have made some effort to “self-accommodate” (e.g. explore a variety of childcare options) before an employer’s duty to accommodate is triggered?\nWhat qualifies as “undue hardship” for an employer when it comes to family status accommodation?\nWhat policies should employers and unions consider to meet family status accommodation requirements and reduce workplace barriers for employees with family obligations?\n\nClosing Remarks: 3:55 pm – 4:00 pm ET \nCPDConference CPD\n\n\nThis program has been approved for 11 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.\n\n\n\nThis program has been approved by CPHR Alberta for 11 Continuing Professional Development hours.\n\n\n\n \nMembers of the Law Society of Ontario may consider counting this program for 11 substantive hours; 0 professionalism hours.
URL:https://lancasterhouse.com/event/toronto-human-rights-and-accommodation-conference-2024/
LOCATION:Vantage Venues\, 150 King Street West\, Toronto\, Ontario\, M5H 1J9\, Canada
CATEGORIES:Conference,Human Rights & Accommodation
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/2023/11/toronto-HRA-2024-header.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;VALUE=DATE:20240403
DTEND;VALUE=DATE:20240406
DTSTAMP:20260903T053949
CREATED:20231109T142501Z
LAST-MODIFIED:20240723T125120Z
UID:11159-1712102400-1712361599@lancasterhouse.com
SUMMARY:Vancouver Human Rights and Accommodation Conference: Evaluating current practices\, exploring emerging trends
DESCRIPTION:Vancouver Human Rights and Accommodation ConferenceConference Co-Chairs\n\n \nJennifer Devins\nEmployer Counsel\nRoper Greyell LLP \n\n\n \nE. Murphy Fries\nUnion Counsel\nKoskie Glavin Gordon \n\n\n \nRyan Goldvine\nMediator/Arbitrator\nGoldvine Dispute Resolution Services \nMember\nBC Employment Standards Tribunal \n\n\nDelta Hotels Vancouver Downtown Suites - Discounted Room\nGroup rates are now available with limited space availability: \n\n\n\nStart Date\nEnd Date\n\n\n04/02/2024\n04/06/2024\n\n\n\n  \n\n\n\nSingle\nDouble\n\n\n$379.00\n$379.00\n\n\n\n  \nMethod of Reservation \nIndividual Reservations can be made by visiting the link below or calling directly at 1 (844) 254-5048. Callers must identify themselves as being with Lancaster House Publishing in order to qualify for the group rate. \nCut-Off Date \nReservations made by attendees must be received on or before Tuesday\, March 12\, 2024\, after which any reservations made will be based on a space-and rate-available basis. \nBook NowConference Advisory Committee\n\n \nAleem Bharmal\nLawyer\nBC Human Rights Clinic\nCommunity Legal Assistance Society (CLAS) \n\n\n \nValerie Dixon\nLegal Counsel – Labour\nEmployment and Human Rights\nCity of Vancouver \n\n\n \nJessica Fairbairn\nEmployer Counsel\nHarris & Company LLP \n\n\n \nKoml Kandola\nArbitrator/Mediator and lawyer \n\n\n \nShirin Kiamanesh\nUnion Counsel\nKoskie Glavin Gordon \n\n\n \nEarl Moloney\nSenior Labour Relations Officer\nHealth Sciences Association of BC (HSABC) \n\n\nWednesday\, April 3\, 2024*Workshop sold separately from stand-alone conference. \nWorkshopBefore and After the Investigation: Preventing conflict\, restoring relationships\nWorkshop: Before and After the Investigation: Preventing conflict\, restoring relationships\n\n\n \nAnita Atwal\nLawyer\, Mediator and Workplace Investigator\nAnita Atwal Law \n\n\n \nCarolyn Janusz\nPrincipal lawyer\nGoodWin Law \n\n\n \nVictoria Merritt\nEmployer Counsel\nDentons \n\n\n \nShelina Neallani\nLawyer\, Mediator & Workplace Investigator\nSouthern Butler Price \n\n\nToxic work environments and workplace conflict are detrimental to employees’ wellbeing\, can hinder productivity\, lead to a high turnover rate\, and expose employers to potential liabilities. In this panel\, experts will examine how employers and unions can work together to foster healthy work environments through proactive strategies\, fair workplace investigations\, and effective conflict-resolution initiatives. Specifically\, panels will address the following questions: \n\nWhat measures can employers and unions implement to foster a safe and respectful workplace?\nHow can employers and unions craft effective workplace harassment policies? What key terms should be included? According to arbitrators\, what practices should be avoided?\nWhat steps should unions and employers take in response to employee allegations of a poisoned work environment and/or workplace conflict?\nIn what circumstances are employers legally obligated to conduct a workplace investigation? What do recent cases tell us about what constitutes a fair\, adequate\, and effective investigation? How can employers protect complainants and witnesses from reprisal?\nWhat is the role of the union in workplace investigations?\nWhen will an arbitrator award damages to employees who have experienced a poisoned work environment and/or inadequate investigation?\nWhat steps can employers and unions take to restore relationships in response to workplace conflict and/or allegations of a poisoned work environment?\n\n\n\n\n\n\nWorkshop Schedule\n\n\nBreakfast:\n8:00 am – 9:00 am PT\n\n\nWorkshop:\n9:00 am – 10:25 am PT\n\n\nMorning Break:\n10:25 am – 10:40 am PT\n\n\nWorkshop:\n10:40 am – 12:00 pm PT\n\n\nLunch:\n12:00 pm – 1:00 pm PT\n\n\nWorkshop:\n1:00 pm – 2:20 pm PT\n\n\nAfternoon Break:\n2:20 pm – 2:35 pm PT\n\n\nWorkshop:\n2:35 pm – 4:00 pm PT\n\n\n\n\nThursday\, April 4\, 2024Breakfast: 8:00 am – 9:00 am PT \nIntroductory remarks: 9:00 am – 9:10 am PT \nPanel 1 - Human Rights Highlights: The latest caselaw and legislative developments - 9:10 am – 10:40 am PT\n\n\n \nGuy Beaulieu\nArbitrator/Mediator \n\n\n \nColin Edstrom\nEmployer Counsel\nPushor Mitchell LLP \n\n\n \nKevin Love\nLawyer\, Community Law Program\nCommunity Legal Assistance Society (CLAS) \n\n\n \nJennifer Kwok\nEmployer Counsel\nOverholt Law \n\n\n \nMary Thibodeau\nUnion Counsel\nMoore Edgar Lyster LLP \n\n\n \nElisabeth Finney\nUnion Counsel\nBlack Burke Mayor LLP\, dba Black Gropper \n\n\nIn this session\, panelists will examine recent noteworthy cases and legislative developments relating to human rights in the workplace. Speakers will discuss the latest cases addressing topics such as: \n\nabsenteeism and requests for medical information;\ncaste-based discrimination;\npoisoned workplaces and “zero tolerance” approaches to discrimination and harassment\,\ntrends in discipline and damages\,\nthe legality of biometric monitoring\,\nand the use of anti-strategic lawsuits against public participation (SLAPP) proceedings to protect human rights-related speech.\n\nThe panel will also address recent B.C. and federal legislative initiatives\, including: \n\nRecent B.C. Workers Compensation Act amendments;\nFederal legislation on forced labour.\n\nFinal selection of topics will take place in the weeks leading up to the conference\, ensuring coverage of the latest and most newsworthy developments.Break: 10:40 am – 10:55 am PT \nPanel 2 - Ties that Bind: Accommodating family status and caregiving obligations - 10:55 am – 12:10 pm PT\n\n\n \nWill Clements\nUnion Counsel\nKoskie Glavin Gordon \n\n\n \nDavid Woolias\nEmployer Counsel\nHarris & Company LLP \n\n\n \nHeather Hoiness\nStaff Lawyer\nBC’s Office of the Human Rights Commissioner \n\n\nIn this interactive session\, expert panelists will address recent developments in the test for family status discrimination in British Columbia and engage audience members in exercises illustrating practical applications of the test\, better equipping employers and unions to navigate family status accommodation requests. Speakers will address questions including: \n\nWhat forms of caregiving fall under the protective umbrella of family status accommodation?\nWill a change in the employee’s family circumstances be sufficient to trigger the duty or is an employer-introduced change to the employee’s terms and conditions of employment required?\nHow can employers and unions distinguish preferences from substantial obligations? For example\, when will a request to work from home to provide caregiving to elderly parents or young children amount to a preference rather than an obligation? What about requests such as leaving work early to enable an employee to pick a child up from school rather than have that child take the bus?\nWhat constitutes a “serious interference” with a family obligation such that it will be found to constitute family status discrimination?\n\nNetworking Lunch: 12:10 pm – 1:30 pm PT \nFireside Chat - 1:30 pm – 2:00 pm PT\n\n\n \nEmily Ohler\nChair\nBC Human Rights Tribunal \n\n\nBreak: 2:00 pm – 2:15 pm PT \nPanel 3 - Beliefs and Boundaries: Reconciling employee free speech and employer concerns - 2:15 pm – 3:30 pm PT\n\n\n \nArvin Asadi\nLawyer and Workplace Investigator\nSouthern Butler Price \n\n\n \nKatie Comley\nEmployer Counsel\nRoper Greyell LLP \n\n\n \nMenachem Freedman\nUnion Counsel\nHHBG Lawyers \n\n\nA tension sometimes arises between employee free speech and an employer’s duty to ensure a safe and respectful workplace. How can these arguably competing rights and obligations be balanced? In this session\, a panel of experts will address these questions: \n\nWhat is the line between safeguarding employee free speech and ensuring a respectful and safe work environment? Do employees have the right to express their views on potentially controversial and/or political matters at work?\nCan employers discipline employees for private statements and/or expressions made outside the workplace?\nTo what extent will arbitrators consider Charter rights and values such as freedom of expression in the context of off-duty conduct?\nWhat is the extent of a union’s duty to represent members who face work-related consequences for their potentially polarizing beliefs? When will a union’s decision not to represent a member constitute a breach of the duty of fair representation?\n\nClosing Remarks: 3:30 pm – 3:40 pm PT \nFriday\, April 5\, 2024Breakfast: 8:00 am – 9:00 am PT \nIntroductory remarks: 9:00 am – 9:10 am PT \nPanel 4 - Putting Neurodiversity to Work: Effective strategies for recruitment\, accommodation\, and retention - 9:10 am – 10:25 am PT\n\n\n \nJulia Bell\nEmployer Counsel\nRoper Greyell LLP \n\n\n \nSonya Sabet-Rasekh\nStaff Representative\, Advocacy Department\nB.C. General Employees’ Union (BCGEU) \n\n\n \nJames Stewart\nProfessor\nPeter A. Allard School of Law\nUniversity of British Columbia \n\n\nOn a societal level\, there is increasing recognition that neurodivergence is a strength\, not a deficit\, and building inclusive\, neurodivergent workplaces makes a positive impact. In this panel\, experts will examine how employers can effectively recruit\, retain\, and accommodate neurodivergent employees\, and how unions can support their neurodivergent membership. Specifically\, the panel will address the following: \n\nHow can businesses benefit from hiring neurodivergent employees?\nWhat measures can employers put in place to effectively recruit neurodivergent employees? How can employers support/accommodate neurodivergent applicants throughout the recruitment process?\nConsidering the emphasis on self-identification in the neurodiverse community\, must employees who identify as neurodivergent provide evidence of a medical diagnosis to access initiatives designed to recruit diverse employees? How should employers respond to these disclosures when they occur?\nHow do common stereotypes hinder the inclusion and accommodation of neurodivergent employees in the workplace? What can be done to guard against these stereotypes?\nWhat should workplace parties know about specific conditions such as Autism Spectrum Disorders (ASD)\, Attention-Deficit/Hyperactive Disorder (ADHD)\, and learning disabilities falling under the umbrella of neurodivergence? Do these conditions share any similarities? How might they affect an employee’s work performance?\nWhat are the signs an employee may be struggling with work performance or workplace relationships because of a neurological difference such as ASD or ADHD? When does the employer have a duty to inquire as to whether the employee in question requires accommodation?\nWhat are some examples of appropriate and effective accommodations for neurodivergent employees?\nWhat kind of medical information can employers request from employees seeking accommodation on the basis of neurodivergence? Can a detailed neuropsychological evaluation report be required? How often\, if ever\, should updated medical information be requested from a neurodivergent employee\, who\, by definition\, has a lifelong condition?\nWhat accommodations should unions provide to neurodivergent members accessing union services and using union processes?\n\nBreak: 10:25 am – 10:40 am PT \nPanel 5 - Investigating Investigations: Examining current practices and recent caselaw - 10:40 am – 11:55 am PT\n\n\n \nJonathan Chapnick\nMember\nBC Human Rights Tribunal \n\n\n \nKirsten Hume Scrimshaw\nEmployer Counsel\nAlly Workplace Law \n\n\n \nTina-Marie Bradford\nStaff Lawyer\, Advocacy Department\nBC General Employees Union (BCGEU) \n\n\nIn this session\, expert panelists will examine recent caselaw addressing workplace investigations and will explore key principles and best practices in conducting fair\, adequate\, and effective investigations into human rights-related allegations. The panel will address questions including: \n\nWhat lessons can be learned from recent cases as to what constitutes a fair and adequate investigation process? What procedural flaws have been found to render an investigation unfair or inadequate?\nWhen is retaining a third-party investigator necessary? What other alternatives are possible?\nCan the grounds for an investigation be expanded after the investigation has already been commenced – for example\, if an investigation reveals issues of systemic discrimination?\nWhat are best practices for countering unconscious and implicit bias and otherwise ensuring stereotypes and discrimination do not impact the investigatory process? How should investigatory meetings be approached where the person being interviewed has or is suspected to have a disability?\nHow much latitude do employers have to order investigations into off-duty conduct? May workplace investigators ask to examine employees’ personal devices\, such as laptops or cellphones\, which employees use exclusively or primarily for personal purposes?\nHow should employers and unions approach investigations into workplace conduct which may have a criminal element?\nWhat legal avenues are available to employees who wish to challenge what they believe to be an unfair or improper investigation into their human rights allegations?\n\nLunch: 11:55 pm – 12:55 pm PT \nKeynote - Paddling Together: Navigating Indigenous Relations in the Workplace - 12:55 pm – 1:25 pm PT\n\n\n \nRhiannon Bennett\nCo-Founder\nHummingbirds Rising Consulting \n\n\nRhiannon Bennett\, from Hummingbirds Rising Consulting\, explores the metaphor of a canoe journey to illustrate the importance of collaboration and understanding in fostering positive relationships with Indigenous communities within organizational settings.\nThis engaging presentation emphasizes the need for HR and union leaders to navigate these relationships with cultural sensitivity\, mutual respect\, and a commitment to reconciliation for the benefit of all involved.Panel 6 - Is it Harassment or Not? An interactive panel with case studies and scenarios - 1:25 pm – 2:40 pm PT\n\n\n \nJacqueline Beltgens\nLawyer\, Workplace Investigator\, and Mediator\nJacqueline Beltgens Law \n\n\n \nKas Pavanantharajah\nUnion Counsel\nBlack Burke Mayor LLP\, dba Black Gropper \n\n\n \nJessica Thomson\nEmployer Counsel\nPulver Crawford Munroe LLP \n\n\nThe general definition of harassment in British Columbia is clear: it is “any inappropriate conduct or comment by a person towards a worker that the person knew or ought reasonably to have known would cause the worker to be humiliated and insulted.” In many instances impugned conduct or comments will clearly meet this definition\, but in other cases debate may arise as to whether the alleged harasser ought reasonably to have known that certain comments or conduct would cause humiliation or offence. This session will highlight the degree to which reasonable minds may disagree about whether certain comments or conduct constitute harassment\, probe the reasons behind such disagreement\, and address questions such as: \n\nShould a complainant’s subjective feelings of humiliation or offence be determinative of whether certain conduct constitutes harassment? If not\, why not?\nWhat role do a complainant’s personal characteristics – gender and race\, for example – play in determining whether certain conduct should be reasonably seen to be offensive? How might a decision-maker’s unconscious bias interfere in the analysis of whether conduct could reasonably be seen to be insulting or humiliating?\nDoes workplace culture play any role in determining whether conduct ought reasonably to have been known to be offensive?\nIs the analysis of whether conduct constitutes harassment affected by a friendship or previous romantic relationships between complainant and respondent? What about power imbalances or lack thereof?\nFrom the employer’s perspective\, how is the reasonableness of management action assessed to determine whether or not it constitutes harassment?\n\nBreak: 2:40 pm – 2:55 pm PT \nPanel 7 - Truly Transformative? Recent B.C. and federal initiatives in employment equity - 2:55 pm – 4:00 pm PT\n\n\n \nAna Mohammed\nPrincipal\nARM Mediation and Consulting \n\n\n \nHasan Alam\nStaff Lawyer\nB.C. General Employees’ Union (BCGEU) \n\n\n \nLou Poskitt\nEmployer Counsel\nCooperwilliams Truman & Ito LLP \n\n\nIn this session\, panelists will discuss two recent provincial and federal initiatives aimed at promoting workplace equity. Speakers will address the recent report of the federal Employment Equity Act Review Task Force\, exploring broader lessons learned for workplace parties\, and will examine the recent introduction of provincial pay transparency legislation as a targeted equity initiative. Questions to be addressed include: \n\nWhat changes did the Task Force recommend with respect to how employment equity groups are defined and described under the Employment Equity Act?\nHow can employers shift from a “top-down” approach to employment equity to a consultative process which involves unions and employees? What lessons can be learned from the Task Force’s recommendations regarding workplace employment equity committees?\nWhat problems did the Task Force identify with the concepts of “merit” or “fit” in recruiting and promoting employees? How might unconscious bias or systemic discrimination impact the assessment of an employee’s qualifications?\nHow can workplace parties ensure that the collection of employee data for equity-related initiatives is meaningful and appropriate? What common pitfalls have led to what the Task Force deems “superficial data collection”? How can employers and unions measure and evaluate progress toward workplace equity?\nHow is B.C.’s Pay Transparency Act expected to address these issues of data collection and discrimination in recruitment and promotion? What new obligations arise for workplace parties under the Act? Are there any mechanisms in place for its enforcement?\n\nClosing Remarks: 4:00 pm PT \nCPDConference CPD\n\n\nThis program has been approved by CPHR BC & Yukon for 10 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR Alberta for 10 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 10 Continuing Professional Development hours.\n\n\n\nWorkshop CPD\n\n\nThis program has been approved by CPHR BC & Yukon for 5.5 Continuing Professional Development hours.\n\n\n\n\nThis program has been approved by CPHR Alberta for 5.5 Continuing Professional Development hours.\n\n\n\n\n \n\nThis program has been approved by the Law Society of British Columbia for 5.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/vancouver-human-rights-and-accommodation-conference-2024/
LOCATION:Simon Fraser University – Vancouver Campus\, 580 West Hastings Street\, Vancouver\, British Columbia\, V6B 1L6\, Canada
CATEGORIES:Conference,Human Rights & Accommodation
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/2023/10/van-hra-header-2.jpg
END:VEVENT
BEGIN:VEVENT
DTSTART;TZID=America/Toronto:20230417T080000
DTEND;TZID=America/Toronto:20230418T154500
DTSTAMP:20260903T053949
CREATED:20230317T232601Z
LAST-MODIFIED:20240723T152317Z
UID:6372-1681718400-1681832700@lancasterhouse.com
SUMMARY:Toronto Human Rights and Accommodation Conference
DESCRIPTION:Conference Co-Chairs\n\n \nYasmeena Mohamed\nArbitrator/Mediator \n\n\n \nRishi Bandhu\nEmployer Counsel\nBandhu Law Professional Corporation \n\n\n \nMae J. Nam\nUnion Counsel\nRyder Wright Holmes Bryden Nam LLP \n\n\nConference Advisory Committee\n\n \nJeanie Theoharis\nAssociate Chair\nHuman Rights Tribunal of Ontario \n\n\n \nNathaniel Marshall\nEmployer Counsel and Workplace Investigator\nMarshall Workplace Law \n\n\n \nNatalie Jacyk\nSenior Human Rights Officer\nHuman Rights Office Toronto District School Board \n\n\n \nFridmar Facunda\nSupervisor\, Equity & Member Education Units\, OPSEU \n\n\n \nSaranjit Singh Cheema\nLegal Counsel\,\nLiUNA Ontario Provincial District Council \n\n\nMonday\, April 17\, 2023Breakfast and Registration – 8:00 a.m. – 9:00 a.m.\nIntroductory remarks by Co-Chairs – 9:00 a.m. – 9:10 a.m. \nPanel 1 - Human Rights Headlines: The latest caselaw and legislative developments 9:10 a.m. – 10:25 a.m. ET\nHuman Rights Headlines: The latest caselaw and legislative developments\n\n\n \nEsi Codjoe\nEmployer Counsel\nTurnpenney Milne LLP \n\n\n \nMatthew Horner\nCounsel\nOntario Human Rights Commission \n\n\n \nMatthew Hrycyna\nGrievance Officer\nOPSEU \n\n\nIn this session\, experts will review the most important legal developments of the past year and flag significant ongoing litigation and legislative reform. Topics to be addressed include discrimination\, harassment\, privacy\, and drug testing policies. Other updates to be discussed include the implementation of electronic monitoring policy requirements and the regulation of NDAs (non-disclosure agreements) in post-secondary sexual abuse allegations. Final selection of topics will take place in the weeks leading up to the conference\, ensuring coverage of the latest and most important developments. \nBreak 10:25 a.m. – 10:40 a.m. ET \nPanel 2 - Investigations Under the Magnifying Glass: A close look at significant developments 10:40 a.m. - 11:55 a.m. ET\nInvestigations Under the Magnifying Glass: A close look at significant developments\n\n\n \nNathaniel Marshall\nEmployer Counsel and Workplace Investigator\nMarshall Workplace Law \n\n\n \nKirsty Niglas-Collins\nUnion Counsel\nUnified LLP \n\n\n \nSharon Naipaul\nConsultant\, Mediator\, and Trainer\nStrategic Workplace Equity and Conflict Resolution Solutions \n\n\nWorkplace investigators often grapple with issues of bias\, fact-finding\, and confidentiality that may emerge during an investigation. In this session\, experts will discuss important developments in these areas\, in addition to practices and policies that safeguard fair and effective investigations: \n\nWhat lessons can be drawn from recent cases about the limits on an employer’s investigation\, taking into account the need to preserve a fair\, adequate\, and effective investigation process?\nHow do unconscious and implicit biases impact human rights investigations in the workplace? What can be done to avoid them?\nHow do investigators\, in the fact-finding and report-writing process\, address pervasive systemic discrimination in the workplace?\nHow does adopting a trauma-informed approach to conducting witness interviews affect the affect the nature of the investigation?\nHow should workplace parties address the challenges of conducting investigations in a remote work environment? Is there any proven or perceived benefit to conducting workplace investigations in-person?\nWhat are best practices for drafting investigation reports?\n\nLunch 11:55 a.m. – 1:00 p.m. \nPanel 3 - Disabilities that elude Diagnosis: Accommodating employees with Long COVID\, Chronic Fatigue Syndrome\, and other poorly understood conditions1:00 p.m. - 2:15 p.m. PST\nDisabilities that elude Diagnosis: Accommodating employees with Long COVID\, Chronic Fatigue Syndrome\, and other poorly understood conditions\n\n\n \nSimmy Sahdra\nEmployer Counsel\nMcCarthy Tetrault LLC \n\n\n \nDr. Alexandra Rendely\nSports Medicine Doctor\nUniversity Health Network Toronto Rehabilitation Clinic\n\n\n \nJustin Amaral\nUnion Counsel\nMorrison Watts \n\n\nWorkplace parties are familiar with applying principles regarding the duty to accommodate in cases of visible disabilities\, well-known conditions\, or conditions for which there exists a clear diagnostic test. However\, challenges arise when an employee seeks accommodation for a condition that eludes diagnosis. In this session\, experts will address questions such as: \n\nWhat are common medical conditions that elude diagnosis\, or that are considered “diagnoses of exclusion”? Why does “Long COVID” fall within this list?\nWhat medical evidence is an employer legally permitted to request to establish an employee’s right to accommodation in such cases? Is a definitive diagnosis\, or “objective evidence\,” necessary to establish an invisible disability?\nHow can employers and unions effectively formulate requests for medical information in cases where an employee’s condition cannot be confirmed using a clinician’s diagnostic test? What types of information should employees request from doctors in such cases?\nWhen sick leave abuse is a concern\, how can an employer distinguish between employees who have genuine\, difficult-to-diagnose disabilities\, and employees who are malingering? When will an employer be justified in seeking further information\, including a specialist’s report or an independent medical examination?\nHow might stereotypes and stigma associated with these medical conditions contribute to the challenge of providing accommodation?\nHow might eligibility requirements for short- and long-term disability insurance programs pose additional complications in such cases? Where an employee has been denied disability benefits\, and that denial is later held to be improper\, which party will be liable for the denial?\nWhat types of accommodations may be of assistance to an employee suffering from persistent symptoms such as pain\, fatigue\, or cognitive difficulties? For example\, what will help individuals coping with Long COVID? How can employers and unions cooperate to accommodate individuals with multiple chemical scent sensitivities?\n\nBreak 2:15 p.m. – 2:30 p.m. \nPanel 4 - Fluctuations and Flare-Ups: Practical guidance on accommodating episodic disabilities in the workplaces 2:30 p.m. - 3:45 p.m. ET\nFluctuations and Flare-Ups: Practical guidance on accommodating episodic disabilities in the workplace\n\n\n \nMelissa Egan\nLead Episodic Disabilities\nRealize Canada\n\n\n \nShibil Siddiqi\nEmployer Counsel\nProgressive Barristers \n\n\n \nSheilagh Turkington\nUnion Counsel\nCavalluzzo \n\n\nEmployees experiencing episodic disabilities often experience fluctuations in wellness\, which may lead to a decline in workplace performance and increased absenteeism. In this panel\, experts will explore accommodation procedures for employees with episodic disabilities. Specifically\, panelists will address: \n\nWhat questions are appropriate regarding an employee’s episodic disability? When do requests for medical information amount to discrimination or harassment?\nCan an employer inquire into whether an employee’s atypical workplace behaviours or schedules are related to the employee’s episodic disability?\nIs an employer entitled to request medical information from an employee on an ongoing basis? How can an employer balance its interest in requesting medical information with an employee’s right to privacy?\nWhat steps must unions take to satisfy their duty of fair representation for members with episodic disabilities?\nIn what circumstances have arbitrators or judges found that employers or unions have not met their duty to accommodate?\nWhat are best practices in accommodating an employee who requires modified work?\nWhat steps should an employer take when accommodating and communicating with an employee returning from disability leave?\nWhat proactive policies should employers and unions develop to meet the duty to accommodate?\n\nDay 1 closing remarks 4:30 p.m. – 4:35 p.m. ET \nTuesday\, April 18\, 2023Breakfast and Registration – 8:00 a.m. – 9:00 a.m.\nIntroductory remarks by Co-Chairs – 9:00 a.m. – 9:10 a.m. \nPanel 5 - Promoting Workplace Equity: Removing barriers\, promoting inclusion\, and identifying the promise and perils of big data\n9:10 a.m. – 10:25 a.m. ET\nPromoting Workplace Equity: Removing barriers\, promoting inclusion\, and identifying the promise and perils of big data\n\n\n \nPriya Sarin\nEmployer Counsel\nSherrard Kuzz \n\n\n \nAkilah Haneef-Jabari\nAnti-Racism Advisor\nConsultant and Trainer\nJabari Community Services \n\n\n \nBrendan McCutchen\nUnion Counsel\nWright Henry \n\n\nPromoting equity at work requires a commitment from workplace actors to remove barriers to participation and success\, to proactively support inclusion\, and to ensure that measures do not\, in fact\, perpetuate discriminatory practices. In this session\, expert panelists will offer attendees practical guidance on topical issues including the value of anti-racist approaches\, improving equity in recruitment and retention (and the related role of preferential equity programs)\, the practical impacts of non-disclosure agreements (NDAs)\, and the promises and perils of disaggregated data and artificial intelligence in advancing workplace equity. \nBreak 10:25 a.m. – 10:40 a.m. ET \nPanel 6 - Is Privacy a Human Right? The evolution of Code-based rights in a technological world 10:40 a.m. - 11:55 a.m. ET\nIs Privacy a Human Right? The evolution of Code-based rights in a technological world\n\n\n \nNisha Dhanoa\nEmployer Counsel\nHunter Liberatore Law \n\n\n \nDanielle Bisnar\nUnion Counsel\nCavalluzzo \n\n\nShould employee privacy be recognized as a human right in response to evolving monitoring technologies? In this panel\, experts will discuss best practices in balancing employee privacy and modern technologies in the workplace. Specifically\, panelists will address: \n\nWhat changes does the federal Digital Charter Implementation Act\, 2022 (Bill C-27) propose regarding workplace electronic monitoring? How do these provisions in the proposed Act differ from the current Personal Information Protection and Electronic Documents Act and related provincial legislation?\nWhat consequences do monitoring technologies pose for employees’ privacy and human rights? What specific considerations do these technologies raise for remote workers?\nWhat key issues should employers and unions address in policies or collective agreement provisions governing employee privacy for in-person\, hybrid\, and remote workers?\nWhat suite of off-duty privacy rights and protections does an employee enjoy\, if any? What privacy rights\, if any\, are available to job applicants?\nWhat are best practices in soliciting employee consent to digital surveillance measures?\nWhat are best practices in tracking\, compiling\, and retaining employee information? How about job applicant information?\nHow have arbitral attitudes towards workplace privacy measures evolved in response to monitoring technologies?\n\nLunch 11:55 a.m. – 1:00 p.m. \nPanel 7 - Off the Clock Conduct: Balancing employee beliefs and actions with maintaining a respectful workplace 1:00 p.m. - 2:15 p.m. ET\nOff the Clock Conduct: Balancing employee beliefs and actions with maintaining a respectful workplace\n\n\n \nPatricia D’Heureux\nUnion Counsel\nCavalluzzo \n\n\n \nDr. Faisal Bhabha\nOsgoode Hall Law School\,\nYork University \n\n\n \nCarla Black\nEmployer Counsel\nRae Christen Jeffries \n\n\nEmployees with differing perspectives and beliefs nonetheless need to work collegially in the workplace. In this panel\, experts will examine the responsibilities of an employer and union in ensuring appropriate employee conduct\, both inside and outside the workplace. Topics to be addressed include: \n\nWhat are best practices for employers and unions to balance an employee’s Charter rights and freedom of expression with a workplace that remains free from discrimination and harassment?\nWhat are best practices for employers and unions in preventing workplace bullying and harassment? Should workplace training include off-duty conduct?\nHow can employers and unions best respond to problematic employee behaviour in a virtual working environment?\nCan an employer limit an employee’s political speech at work? What constitutes political speech?\nCan an employee face discipline for verbal statements\, online commentary\, or conduct outside of work hours? Is an employer justified in disciplining an employee whose off-duty conduct reflects that employee’s workplace behaviours?\nDoes an employer\, union\, or employee have a duty to report a controversial online statement by another employee?\nWhat are the duties of a union in representing members facing consequences from expressing unpopular beliefs or opinions in the workplace? Is the union’s duty different if the member is being disciplined for expressions or comments made outside the workplace or online?\nWhat are best practices for unions and employers where an employee or member alleges that workplace management has engaged in inappropriate or controversial comments or behaviours? Is a different duty owed when the conduct occurs outside the workplace or online?\n\nBreak 2:15 p.m. – 2:30 p.m. \nPanel 8 - Seeking the Antidote: Identifying and repairing poisoned workplaces2:30 p.m. - 3:45 p.m. ET\nSeeking the Antidote: Identifying and repairing poisoned workplaces\n\n\n \nElana Fleischmann\nMediator/Workplace Restoration Expert \n\n\n \nOzlem Yucel\nEmployer Counsel\nTurnpenney Milne LLP \n\n\n \nPaul Champ\nUnion Counsel\nChamp Law \n\n\nAs codified in the Ontario Human Rights Code\, employers must ensure that a workplace is free from discrimination and/or harassment. While poisoned workplaces are not directly defined under the Code\, these topics do include poisoned work environments involving personal harassment. In this panel\, experts will examine employer and union responsibilities in identifying and repairing poisoned workplaces. Specifically\, panelists will address: \n\nHow have adjudicators differentiated between personality conflicts and a poisoned workplace? Do an employee’s perceptions factor into this assessment?\nDoes “workplace culture” excuse conduct that would otherwise be considered poisonous? What role\, if any\, does a workplace harassment policy play in making this determination?\nWhat types of behaviour may constitute subtle forms of a poisoned workplace? What signs may indicate that someone is experiencing unreported harassment or bullying?\nWhat actions and restorative approaches should unions and employers take when an employee raises allegations of a poisoned environment? Is the intent to poison relevant when assessing disciplinary actions?\nWhat management styles or behaviours have adjudicators identified as harassment or bullying?\nHow have remote environments changed the prevailing understanding of poisoned workplaces? What strategies can employers and unions implement to respond to problematic behaviour in virtual spaces?\nWhat support can unions provide to members affected by a poisoned workplace?\nWhat steps should employers and unions take to create a safe and respectful workplace?\n\nEnd of day 2 – 3:45 p.m. \nConference CPD\n\n\nThis program has been approved for 10 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.\n\n\n\n\nThis program has been approved by CPHR Alberta for 10 Continuing Professional Development hours.\n\n\n\n\n \n\nMembers of the Law Society of New Brunswick may consider this program for 10 Continuing Professional Development hours.\nMembers of the Law Society of Ontario may consider counting this program for 10 substantive hours.
URL:https://lancasterhouse.com/event/toronto-human-rights-and-accommodation-conference/
LOCATION:Sheraton Centre Toronto Hotel\, 123 Queen Street West\, Toronto\, Ontario\, M5H 3M9 Most popular places at this add\, Canada
CATEGORIES:Conference,Human Rights & Accommodation
ATTACH;FMTTYPE=image/jpeg:https://lancasterhouse.com/wp-content/uploads/header/toronto-header.jpg
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BEGIN:VEVENT
DTSTART;TZID=UTC:20230327T080000
DTEND;TZID=UTC:20230329T154500
DTSTAMP:20260903T053949
CREATED:20230301T231918Z
LAST-MODIFIED:20240723T152331Z
UID:5849-1679904000-1680104700@lancasterhouse.com
SUMMARY:Vancouver Human Rights and Accommodation Conference
DESCRIPTION:Conference Co-Chairs\n\n \nJessica Gregory\nArbitrator/Mediator \n\n\n \nNatasha Jategaonkar\nEmployer Counsel\nMathews\, Dinsdale & Clark \n\n\n \nHasan Alam\nStaff Lawyer\nB.C. General Employees’ Union \n\n\nConference Advisory Committee\n\n \nRyan Goldvine\nMediator/Arbitrator\nGoldvine Dispute Resolution Services \n\n\n \nLaura Track\nHuman Rights Clinic Director and Director of Public Legal Education\nCommunity Legal Assistance Society \n\n\n \nKristen Woo\nLegal Counsel\nBritish Columbia Public School Employers’ Association \n\n\n \nJeff A. Bastien\nEmployer Counsel\nDentons \n\n\n \nAngela Wong\nCounsel\nHospital Employees’ Union \n\n\n \nDal Benning\nGeneral Vice-President\nCUPE BC \n\n\nMonday\, March 27\, 2023Breakfast and Registration 8:00 AM – 9:00 AM PST\nIntroductory remarks by Co-Chairs 9:00 AM – 9:10 AM PST \n Pre-Conference Workshop - Difficult Accommodations: Responding to denial\, defensiveness\, and personality disorders\n9:00 a.m. – 5:00 p.m. PST\nDifficult Accommodations: Responding to denial\, defensiveness\, and personality disorders\n\n\nMegan Ashbury\nArbitrator\, Mediator and Workplace Investigator\n\nDr. Izabela Schultz\nCortex Centre for Advanced Assessment\n\nMelissa VanderHouwen\nUnion Cousel\nMoore Edgar Lyster LLP\n\nVeronica Ukrainetz\nEmployer Counsel\nUkrainetz Workplace Law Group\n\nAccommodating an employee with a disability can become difficult when the employee’s disability affects the employee’s judgment\, perceptions\, and ability to cooperate. Unfortunately\, mental health disabilities\, including mood disorders\, can often affect precisely those faculties that they require to participate in the accommodation process. Accommodating neurodivergent employees can also prove difficult to employer and union representatives unaccustomed to the differences in communication and social behaviour characteristic of autism spectrum disorders. \nWorking through interactive exercises and realistic scenarios with the guidance of experts\, participants will develop the knowledge and skills necessary to: \nAppreciate how common disabilities may affect a worker’s ability to participate in the accommodation process\nCommunicate effectively with defensive workers and those in denial\nFulfil union and management legal obligations when workers are unwilling or unable to participate in the accommodation process\nIdentify when the point of undue hardship in reached \nTuesday\, March 28\, 2023Breakfast and Registration 8:00 AM – 9:00 AM PST\nIntroductory remarks by Co-Chairs 9:00 AM – 9:10 AM PST \nPanel 1 - Human Rights Headlines: The latest caselaw and legislative developments\n9:15 a.m. – 10:40 a.m. PST\nHuman Rights Headlines: The latest caselaw and legislative developments\n\n\nJessica Derynck\nMember\nBC Human Rights Tribunal\n\nShirin Kiamanesh\nUnion Counsel\nKoskie Glavin Gordon\n\nJames Kondopulos\nEmployer Counsel\nRoper Greyell LLP\n\nIn this session\, experts will review the most important legal developments of the past year\, flagging significant litigation and legislative reform. Topics to be addressed include workplace discrimination and harassment\, substance use\, and requests for accommodation. Other updates to be discussed include the introduction of the Indigenous Self-Government in Child and Family Services Amendment Act and the Anti-Racism Data Act\, in addition to relevant changes to the Workers’ Compensation Act. Final selection of topics will take place in the weeks leading up to the conference\, ensuring coverage of the latest and most important developments. \nBreak 10:40 AM – 10:55 AM PST \nPanel 2 - A Legislative Milestone: The addition of Indigenous Identity to the BC Human Rights Code\n10:55 a.m. - 11:45 a.m. PST\nA Legislative Milestone: The addition of Indigenous Identity to the BC Human Rights Code\n\n\nPatricia Barkaskas\nStrategic Advisor to the Dean for the National Centre for Indigenous Laws\nUniversity of Victoria\n\nShelley Saje Ricci\nCanadian Union of Public Employees\n\nJoshua Sutherland\nEmployer Counsel\nHarris & Company LLP\n\nIndigenous identity is now a ground protected from discrimination in the B.C. Human Rights Code. In this session\, experts will closely examine the history\, significance\, and ramifications of this development\, including the ways in which it advances reconciliation in the province. \nNetworking Lunch 11:45 AM – 1:00 PM PST \nPanel 3 - Disabilities That Elude Diagnosis: Accommodating employees with Long COVID\, Chronic Fatigue Syndrome\, and other poorly understood conditions\n1:00 p.m. - 2:15 p.m. PST\nDisabilities That Elude Diagnosis: Accommodating employees with Long COVID\, Chronic Fatigue Syndrome\, and other poorly understood conditions\n\n\nWolfgang Zimmermann\nPresident\, Pacific Coast University for Workplace Health Sciences Executive Director\,\nNational Institute of Disability Management and Research\n\nJodie Gauthier\nUnion Counsel\,\nBlack Gropper\n\nJodie Gauthier\nEmployer Counsel\nRoper Greyell\n\nWorkplace parties are familiar with applying principles regarding the duty to accommodate in cases of visible disabilities\, well-known conditions\, or conditions for which there exists a clear diagnostic test. However\, challenges often arise when an employee seeks accommodation for a condition that eludes diagnosis. In this session\, experts will address questions such as: \n\nWhat are common medical conditions that elude diagnosis\, or that are considered “diagnoses of exclusion”? Why does “Long COVID” fall within this list?\nWhat medical evidence is an employer legally permitted to request in order to establish an employee’s right to accommodation in such cases? Is a definitive diagnosis\, or “objective evidence\,” necessary to establish an invisible disability?\nHow can employers and unions effectively formulate requests for medical information in cases where an employee’s condition cannot be confirmed using an objective diagnostic test? What types of information should employees request from doctors in such cases?\nWhen sick leave abuse is a concern\, how can an employer distinguish between employees who have genuine\, difficult-to-diagnose disabilities\, and employees who are malingering? When will an employer be justified in seeking further information\, including a specialist’s report or an independent medical examination?\nHow do the stereotypes and stigmas associated with these medical conditions contribute to the challenge of providing accommodation?\nHow might eligibility requirements for short- and long-term disability insurance programs pose additional complications in such cases? Where an employee has been denied disability benefits\, and that denial is later held to be improper\, which party will be liable for the denial?\nWhat types of accommodations may be of assistance to an employee suffering from persistent symptoms such as pain\, fatigue\, or cognitive difficulties? For example: What will help individuals coping with Long COVID? How can employers and unions cooperate to accommodate individuals with multiple chemical scent sensitivities?\n\nBreak 2:15 PM – 2:30 PM PST \nPanel 4 - Fluctuations and Flare-Ups: Practical guidance on accommodating episodic disabilities in the workplace\n2:30 p.m. - 3:45 p.m. PST\nFluctuations and Flare-Ups: Practical guidance on accommodating episodic disabilities in the workplace\n\n\nDr. Renée-Louise Franche\nClinical psychologist\, Consultant in\nWork Ability Promotion and Organizational Health\n\nLani deHek\nManager\, Disability Management & Health and Safety\nBC Nurses’ Union\n\nJackie Davie\nAssociate Director\, Wellness & Recovery Office\nSimon Fraser University\n\nEmployees living with episodic disabilities often experience fluctuations in wellness\, which may lead to a decline in workplace performance and increased absenteeism. In this panel\, experts will explore accommodation procedures for employees with episodic disabilities. Specifically\, panelists will address: \n\nWhat questions are appropriate regarding an employee’s episodic disability? When do requests for medical information amount to discrimination or harassment?\nCan an employer inquire into whether an employee’s atypical workplace behaviours or schedules are related to the employee’s episodic disability?\nIs an employer entitled to request medical information from an employee on an ongoing basis? How can an employer balance its interest in requesting medical information with an employee’s right to privacy?\nWhat steps must unions take to satisfy their duty of fair representation for members with episodic disabilities?\nIn what circumstances have arbitrators or judges found that employers or unions have not met their duty to accommodate?\nWhat are best practices in accommodating an employee who requires modified work?\nWhat steps should an employer take when accommodating and communicating with an employee returning from disability leave?\nWhat proactive policies should employers and unions develop to meet their duties to accommodate?\n\nNetworking Reception 3:45 PM – 5:00 PM PST \nWednesday\, March 29\, 2023Breakfast and Registration 8:00 AM – 9:00 AM PST\nIntroductory remarks by Co-Chairs 9:00 AM – 9:10 AM PST \nPanel 5 - Investigations under the Magnifying Glass: A close look at significant developments\n9:15 a.m. – 10:30 a.m. PST\nInvestigations under the Magnifying Glass: A close look at significant developments\n\n\nTonie Beharrell\nLawyer and Workplace Investigator\nSouthern Butler Price LLP\n\nMenachem Freedman\nUnion Counsel\nHHGB Lawyers\n\nVictoria Merritt\nEmployer Counsel\nDentons\n\nWorkplace investigators often grapple with issues of bias\, fact-finding\, and confidentiality that may emerge during an investigation. In this session\, experts will discuss important developments in this area\, in addition to practices and policies that safeguard fair and effective investigations: \n\nWhat lessons can be drawn from recent cases about the scope of an employer’s investigation\, taking into account the need to preserve a fair\, adequate\, and effective investigation process?\nWhat are the most crucial components of an anti-harassment policy? How can an organization adequately monitor its policies for effectiveness?\nHow do unconscious and implicit biases impact human rights investigations in the workplace? And what can be done to avoid them?\nHow can investigators\, in the fact-finding and report-writing process\, address pervasive systemic discrimination in the workplace?\nHow does adopting a trauma-informed approach to conducting witness interviews affect the efficacy of the investigation?\nWhat strategies can workplace parties implement to address the challenges of conducting investigations in a remote work environment? Is there any proven or perceived benefit to conducting workplace investigations in-person?\nTo what extent is diligent reporting and record-keeping essential for an investigation? What are best practices for drafting investigation reports?\n\nBreak 10:30 AM – 10:45 AM PST \nPanel 6 - Promoting Workplace Equity: Removing barriers\, promoting inclusion\, and identifying the promise and perils of big data\n10:45 a.m. - 12:00 p.m. PST\nPromoting Workplace Equity: Removing barriers\, promoting inclusion\, and identifying the promise and perils of big data\n\n\nKoml Kandola\nArbitrator and Mediator\n\nEarl Moloney\nStaff Representative\nB.C. General Employees’ Union\n\nJessica Fairbairn\nEmployer Counsel\nHarris & Company LLP\n\nPromoting equity at work requires a commitment from workplace actors to remove barriers to participation and success\, to proactively support inclusion\, and to ensure that measures do not\, in fact\, perpetuate discriminatory practices. In this session\, expert panelists will offer attendees practical guidance on topical issues including the value of anti-racist approaches\, improving equity in recruitment and retention (and the related role of preferential equity programs)\, the practical impacts of non-disclosure agreements\, and the promises and perils of disaggregated data and artificial intelligence in advancing workplace equity. \nNetworking Lunch 12:00 PM – 1:00 PM PST \nPanel 7 - Off-the-Clock Conduct: Balancing employee beliefs and actions with maintaining a respectful workplace\n1:00 p.m. - 2:15 p.m. PST\nOff-the-Clock Conduct: Balancing employee beliefs and actions with maintaining a respectful workplace\n\n\nLindsay Waddell\nUnion counsel\nMoore Edgar Lyster LLP\n\nDonovan Plomp\nEmployer Counsel\nMcCarthy Tétrault\n\nEmployees with differing perspectives and beliefs nonetheless need to work collegially in the workplace. In this panel\, experts will examine the responsibilities of an employer and union in ensuring appropriate employee conduct\, both inside and outside the workplace. Topics to be addressed include: \n\nWhat are best practices for employers and unions to balance an employee’s Charter rights and freedom of expression with a workplace that remains free from discrimination and harassment?\nWhat are best practices for employers and unions in preventing workplace bullying and harassment? Should workplace training include off-duty conduct?\nHow can employers and unions best respond to problematic employee behaviour in a virtual working environment?\nCan an employer limit an employee’s political speech at work? What constitutes political speech?\nCan an employee face discipline for verbal statements\, online commentary\, or conduct outside of work hours? Is an employer justified in disciplining an employee whose off-duty conduct reflects that employee’s workplace behaviours?\nDoes an employer\, union\, or employee have a duty to report a controversial online statement by another employee? How relevant is the “location” of the statement\, i.e. the online platform where the statement is made?\nWhat are the duties of a union in representing members facing consequences from expressing unpopular beliefs or opinions in the workplace? Is the union’s duty different if the member is being disciplined for expressions or comments made outside the workplace or online?\nWhat are best practices for unions and employers where an employee or member alleges that workplace management has engaged in inappropriate or controversial comments or behaviours? Is a different duty owed when the conduct occurs outside the workplace or online?\n\nBreak 2:15 PM – 2:30 PM PST \nPanel 8 - Is Privacy a Human Right? The evolution of Code-based rights in a technological world\n2:30 p.m. - 3:45 p.m. PST\nIs Privacy a Human Right? The evolution of Code-based rights in a technological world\n\n\nJeanette Van Den Bulk\nDeputy Commissioner\nOffice of the Information and Privacy Commissioner of British Columbia\n\nStefanie Ratjen\nStaff Representative\, Advocacy\nBC General Employees’ Union\n\nPreston Parsons\nOverholt LLP\n\nShould employee privacy be recognized as a human right in response to evolving monitoring technologies? In this panel\, experts will discuss best practices in balancing employee privacy with the prevalence of modern technologies in the workplace. Specifically\, panelists will address: \n\nWhat changes does the federal Digital Charter Implementation Act\, 2022 (Bill C-27) propose regarding workplace electronic monitoring? How do these provisions in the proposed Act differ from the current Personal Information Protection and Electronic Documents Act and related provincial legislation?\nWhat consequences do monitoring technologies pose for employees’ privacy and human rights? What specific considerations do these technologies raise for remote workers?\nWhat key issues should employers and unions address in policies or collective agreement provisions governing employee privacy for in-person\, hybrid\, and remote workers?\nWhat suite of off-duty privacy rights and protections does an employee enjoy\, if any? What privacy rights\, if any\, are available to job applicants?\nWhat are best practices in soliciting employee consent to digital surveillance measures?\nWhat are best practices in tracking\, compiling\, and retaining employee information? How about job applicant information?\nHow have arbitral attitudes towards workplace privacy measures evolved in response to monitoring technologies?\n\nEnd of Conference 3:45 PM \nVancouver HRA Conference CPD\n\nThis program has been approved by CPHR Alberta for 9.5 Continuing Professional Development hours.\n\nMembers of the Nova Scotia Barristers’ Society may consider counting this program for 9.5 Continuing Professional Development hours.\nMembers of the Law Society of New Brunswick may consider counting this program for 9.5 Continuing Professional Development hours per session.\nThis program has been approved by CPHR BC & Yukon for 9.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 9.5 Continuing Professional Development hours.\nThis program has been approved for 9.5 Continuing Professional Development hours under Section A3 of the Recertification Log of the Human Resource Professionals Association.\nThis program has been approved by the Law Society of British Colombia for 9.5 Continuing Professional Development hours.\n\nVancouver HRA Workshop CPD\n\nThis program has been approved by CPHR Alberta for 5.5 Continuing Professional Development hours.\n\nMembers of the Nova Scotia Barristers’ Society may consider counting this program for 5.5 Continuing Professional Development hours.\nMembers of the Law Society of New Brunswick may consider counting this program for 5.5 Continuing Professional Development hours per session.\nThis program has been approved by the Law Society of British Colombia for 5.5 Continuing Professional Development hours.\nThis program has been approved by the Law Society of Saskatchewan for 5.5 Continuing Professional Development hours.
URL:https://lancasterhouse.com/event/vancouver-human-rights-and-accommodation-conference/
LOCATION:Hyatt Regency Vancouver\, 655 Burrard Street.\, Vancouver\, B.C.\, Canada
CATEGORIES:Conference,Human Rights & Accommodation
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