Legislation relating to diversity, equity and inclusion (DEI)
has traditionally focused on non-discrimination and negative
obligations, but recent cases suggest there is a movement towards
positive obligations and the importance of employers taking
proactive steps to avoid discrimination. This was a key observation
made during Osler's Employment and Labour Law Insights
November webinar, moderated by Allan Wells, Chair, Employment and
Labour, with presenters Kelly O'Ferrall, Melanie Simon,
Abigail Omale and Ksenija Novakovic.
In Alberta, the Court of King's Bench has held that an
employer who terminated an employee for cause for gender-based
discrimination was justified in doing so because the employer had
sufficient DEI policies in place and the employee was trained in
these. The Ontario Court of Appeal has stated that an employer who
responds quickly and effectively to a complaint may avoid liability
or not be liable to the same extent as an employer who fails
