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ARTICLE · 16 AUGUST 2023

Singular Belief On Vaccination Is Not Discrimination

McMillan LLP
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While COVID-19 may feel like a blurred and distant reality this summer, a recent Human Rights Tribunal of Ontario ("HRTO") decision reminds employers about the reality of dismissing employees...

CanadaEmployment and HR
Ioana Pantis
Ioana Pantis
David Fanjoy
David Fanjoy
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While COVID-19 may feel like a blurred and distant reality this summer, a recent Human Rights Tribunal of Ontario ("HRTO") decision reminds employers about the reality of dismissing employees who refused to comply with vaccine mandates. The HRTO's decision also provides helpful guidance on the protected ground of "creed" under the Human Rights Code (the "Code").

In Oulds v Bluewater Health, 2023 HRTO 1134, the employee alleged discrimination against her hospital employer on the basis of creed when the employer instituted a mandatory vaccination policy and then terminated her employment for failing to comply. The employee alleged that her right to bodily autonomy constituted a creed under the Code and that her termination was therefore discriminatory.

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