The Ontario Human Rights Commission (OHRC)  has released a statement on covid-19 vaccine mandates and vaccine certificates.

The statement is helpful for employers and provides guidance on potential for non-medical code accommodations.

The OHRC confirmed requiring proof of vaccination to protect people at work is generally permissible under the Human Rights Code (“Code”):

“While receiving a COVID-19 vaccine remains voluntary, the OHRC takes the position that mandating and requiring proof of vaccination to protect people at work or when receiving services is generally permissible under the Human Rights Code (Code) as long as protections are put in place to make sure people who are unable to be vaccinated for Code-related reasons are reasonably accommodated. This applies to all organizations.

With respect to non-medical accommodations, the OHRC confirmed a personal belief will not be covered by the Code:

“The OHRC and relevant human rights laws recognize the importance of balancing people’s right to non-discrimination and civil liberties with public health and safety, including the need to address evidence-based risks associated with COVID-19.

Receiving a COVID-19 vaccine is voluntary. At the same time, the OHRC’s position is that a person who chooses not to be vaccinated based on personal preference does not have the right to accommodation under the Code. The OHRC is not aware of any tribunal or court decision that found a singular belief against vaccinations or masks amounted to a creed within the meaning of the Code.

While the Code prohibits discrimination based on creed, personal preferences or singular beliefs do not amount to a creed for the purposes of the Code.”

Please see the attached link below for the full statement:

http://www.ohrc.on.ca/en/news_centre/ohrc-policy-statement-covid-19-vaccine-mandates-and-proof-vaccine-certificates

We have had several clients reach out wondering about the return to office, vaccination policies, exemptions, accommodations etc.

This seminar below may be of help, but you need to register this week by Monday, September 27, 2021

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COVID-19: Returning to Work During the 4th Wave in Ontario

We are pleased to invite you to an upcoming webinar with Blaneys’ Employment Lawyers, Christopher McClelland and Jack Siegel on September 28, 2021 at 12:00 PM EDT. 

As Ontario continues to reopen and with virtually all employees eligible for COVID-19 vaccines, many employers are moving forward with a gradual return to the workplace. What guidelines do employers need to follow as part of their reopening plans? 

Join us for a discussion about: 

• Vaccination policies: What should be included? Can employers insist on employee vaccination?
• The latest on public health measures and health & safety protocols
• Ending, modifying or maintain alternate work arrangements (remote / hybrid)
• Accommodating a returning workforce
• Supporting employees in navigating and enforcing vaccination requirements

This session will end with a Q&A where we will try to answer as many of your questions as possible.

This webinar is complimentary and open to you and your colleagues. We hope you can join us!

To register please click here.

COVID Vaccination information you may find useful.

We’ve had several clients looking for educational resources around COVID-19 vaccination.  The following info is provided by the City Of Toronto and provides a certificate after completion.

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COVID-19 Vaccination Education Module

Workplace policies should require workers who do not provide proof of vaccination to complete a vaccination education module with a signed declaration that they understand the risks of COVID-19 and the benefits of vaccination. Employers can use Toronto Public Health’s COVID-19 Vaccination: Understanding the Benefits and Risks module for this purpose.

https://www.toronto.ca/ext/digital_comm/tph/covid-19-vaccination-understanding-the-benefits-and-risks/story.html

Things are changing in Ontario, and the governments announcement yesterday (September 1st) includes Mandatory vaccinations for many public spaces (seminars, concerts, restaurants etc.).

This document is NOT intended as a workplace resource, but does provide a window into what Ontario residents are going to have to do to attend events, travel etc. and will likely play a part Ontario Vaccine cover to increase vaccination rates.

Please click on the image or link below to see the whole document.

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https://mainstayinsurance.ca/mainlinkimages/Ontario%20Vaccine%20Certificate%20Program%20Background.pdf

Employers are always looking for HR advice around tricky issues and Laura Williams and her firm are great at sharing through events like the one below.  We help sponsor some events (through the association I run – CGIB.ca) and share others, like this one, that may be of interest.  Please feel free to register for those that are of interest through the links below.  They are free of charge, and how often do you hear lawyers and free in the same sentence? 🙂

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This fall, due to popular demand, the Williams HR Law team will be putting on a series of three free one-hour webinars, focusing on “hot spots” that we have identified as the most challenging and particularly pressing for employers as they navigate “The New World of Work”.

Register here to join us from 12-1 pm on September 30, October 28 and November 25!

The first webinar, on September 30, focuses on the “hottest topic” in HR law today: COVID-19 vaccination and testing policies. While the general strategies we will discuss during the webinar will help all employers, we recognize that many organizations require customized guidance and support with their efforts to develop return-to-work and vaccination strategies and policy development. We are currently supporting many of our clients with those efforts and would be pleased to support your organization as well. Please reach out to one of our lawyers for assistance.