This annual update examines the cases and legislative developments shaping some of today’s most pressing workplace human rights issues, from family status and disability accommodation to intimate partner violence, freedom of expression, substance use, and remote work. What are adjudicators and tribunals saying about the limits of accommodation, the duty to inquire, and the competing rights and interests at play in modern workplaces? Where are employers and unions facing increased exposure, and what practical lessons can be drawn from recent decisions? Join our panel of experts for an engaging discussion of the developments you need to know about —and what they mean for your workplace or practice in 2027.  

1. What are the latest developments in family status discrimination case law across Canada? What developments have emerged with respect to maternity leave protections, menopause-related workplace policies, and accommodation for childcare and eldercare responsibilities? In what circumstances have adjudicators found that employees are entitled to workplace accommodation for child, spousal, or elder-care responsibilities? What information can employers require to support such a request?

 

2. What do recent human rights decisions say about whether intimate partner violence and its impacts may fall within protected grounds such as sex, marital status, family status, and/or disability?

 

3. When may an employee’s freedom of expression — whether political, religious, social or personal, be limited because it conflicts with human rights obligations or workplace safety?

 

4. When does a failure to inquire into known mental health or physical disabilities create liability for an employer? What responsibilities do employees, employers, and unions have in this respect?

 

5. What aspects of attendance management programs are arbitrators finding unreasonable or discriminatory?

 

6. What are the latest updates in substance use cases and policies? When will drug or alcohol testing be considered reasonable, and when will it be considered an unjustified intrusion on employee privacy?

 

7. When will a requirement that an employee work in person constitute a bona fide occupational requirement? When can an employer establish that permitting remote, hybrid, or flexible work would amount to undue hardship?

 

8. What practical considerations should employers and unions consider when assessing requests to work from home? What flexible working options are available beyond remote or hybrid work?

 

9. What trends are emerging in human rights damage awards involving

 

1. sex and family status discrimination;
2. disability discrimination;
3. racial discrimination; and
4. errors in investigations and investigative procedures.