Human rights settlements reached with Ontario Gaming

Human rights settlements reached with Ontario Gaming

Postby CLS » Tue Feb 19, 2008 4:06 pm

Originally Posted: Tue Nov 20, 2007


The Ontario Human Rights Commission has announced a settlement reached with Ontario Gaming and Lottery Corporation (OLG) on OLG's disability policy. From the OHRC website ( http://www.ohrc.on.ca/en/resources/news/olg_settlement/):

"The Ontario Human Rights Commission (OHRC) has reached settlements in related complaints against the Ontario Lottery and Gaming Corporation (OLG) and two of its gaming operations.

The complaints were filed by employees who alleged managers at Woodbine Racetrack Slots and Casino Sault Ste. Marie violated Human Rights Code provisions regarding employer duty to accommodate staff experiencing disability.

The terms of the settlements will help ensure human rights are respected in the application of corporate disability policies and procedures within all OLG workplaces. They also clarify that OLG and its gaming operators are responsible for the actions of third-party disability case management service providers.

Commission policy and guidelines on Disability and the Duty to Accommodate set out that employers should accept all medical documentation in good faith. Corporate policies relating to disability and medical documentation must be consistent with the Code.

Under these settlements, OLG will modify its policies to ensure that a request for medical documentation dated the same date as an absence is reasonable in the circumstances, given that an employee may not be physically able to see a doctor the same day. Corporate and management responsibility for maintaining confidentiality of medical and related information was also addressed.

Under the terms of the settlements negotiated by the Commission, OLG has
agreed, within nine months, to:

- hire an external consultant to review and update its disability
accommodation policy

- form a new independent review committee with both OLG management and staff, and

- develop an internal complaint mechanism, which the committee will
oversee and monitor.

The new policy and complaint process will indicate the types of actions
the OLG would take in dealing with issues of unequal treatment and harassment, and inform employees of their right to file a complaint under the Human Rights Code.

Within a year, OLG has agreed to:

- train all OLG staff members and its disability case management
service provider in the new policy and complaints mechanism, with an emphasis on disability and the duty to accommodate, and

- focus training on the broad range of disabilities covered by the Code
and the responsibilities of both OLG and its disability case
management service provider under the legislation.

There are approximately 35 additional human rights complaints against OLG currently filed with the Commission. "

Kathryn M. Bullon
Associate Legal Education Coordinator,
Community LAw School
Kathryn M. Bullon, B.Sc., J.D., M.Ad.Ed.
Legal Education Co-Coordinator
Community Law School
CLS
Site Admin
 
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