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A roundup of legal department news and trends • Employers urged to develop policies to address needs of transgendered people E mployers should be taking steps now if they haven't already to avoid claims of discrimination on the basis of gender identity and expression in the workplace, according to a panel of experts. In 2012 the Ontario legislature introduced gender identity and gender expression as protected grounds under the Human Rights Code. Since then, employers have been asking what is required for workplace accommodation and what best practices they should adopt to ensure compliance. At an Ontario Bar Association event held in Toronto recently, a panel of lawyers, the chief commissioner of the Ontario Human Rights Commission, and policy experts discussed what some employers are doing to address the issue. "Employers shouldn't have a knee-jerk reaction to accommodation of expression or identity. They should consult internally and have thoughtful reflection on what can be done and develop a gender policy to have in place before any issues arise," said Ryan Edmonds, a labour and employment lawyer with Heenan Blaikie LLP who spoke on the panel. Similar amendments have been enacted in Manitoba, Nova Scotia, and the Northwest Territories. Recently Newfoundland also committed to toughen the language in its Human Rights Act to ban discrimination based on gender identify and expression. "A lot is happening across the country, but I'm not sure it will happen at the federal level," said Barbara Hall, chief commissioner of the Human Rights Commission of Ontario. Federally, bill C-279 has yet to be passed. As a result, people have to rely on Roundup the implicit protections of sex under the Canadian Human Rights Act by the Canadian Human Rights Tribunal. Having a gender transition policy in place that is clearly communicated to a workforce "sends a strong message" to employees who may be transgender but closeted, said Edmonds. Such a policy can foster discussion about the options available to transitioning employees and the hardships faced by transgendered people in general. The policy should also include sensitivity training on issues related to gender identity in the workplace. "It's important to have a policy in place and a transition policy available so people can feel they can apply for a job and they will be welcome and protected," said Nicole Nussbaum, a lawyer with Legal Aid Ontario. Nussbaum noted it's her hope that one day the language will move from an "accommodation" model for transgendered people to one of "integration." IH WE CAN BE YOUR VIRTUAL LEGAL DEPARTMENT Corporate/Commercial | Employment Law | Intellectual Property Contracts | Real Estate | Litigation GREAT RESULTS – REASONABLE COSTS TRUSTED ADVISORS FOR OVER 75 YEARS LMRLAWYERS.COM / TF: (888) 909-9442 / OTTAWA, CANADA Untitled-2 1 www.ca na dia nl awy er m a g . c o m / i n h o u s E december 2013/january13-11-22 9:27 AM 2014 • 9

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