Oct 2019 Charity & NFP Law Update
On August 23, 2019, the Human Rights Tribunal of Ontario (“HRTO”) released its Decision on Remedy in Haseeb v Imperial Oil Limited (“Decision on Remedy”) awarding damages to be paid by Imperial Oil Limited (“Imperial Oil”), in the amount of over $120,000, as a result of discrimination in its hiring practices on the protected ground of “citizenship” in the Ontario Human Rights Code (the “Code”). As was previously discussed in Charity & NFP Law Bulletin No. 430, the HRTO released its interim decision for this case on the issue of liability (“Decision on Liability”) on July 20, 2018, holding that Imperial Oil’s policy that required entry-level job applicants to disclose proof of their eligibility to work in Canada on a permanent basis was discriminatory on the ground of citizenship. In doing so, the HRTO adopted a novel approach by conducting a “detailed analysis of this ground in the Code and its relationship to various subgroups of non-citizens.”
Following this, Imperial Oil filed a Request for Reconsideration, which was denied on February 14, 2019. The HRTO ordered that the parties proceed with the hearing on remedial issues, which assessed the damages that were awarded against Imperial Oil. This Charity & NFP Law Bulletin summarizes the Decision on Remedy.
For the balance of this Bulletin, please see Charity & NFP Law Bulletin No. 456.