Does an employer have to be held liable in discrimination for every policy breach committed by its employees?
Ontario, Canada
The following excerpt is from Thomas v. IATSE Local 461, 2015 HRTO 1425 (CanLII):
Moreover, the evidence establishes that when the employer became aware of alleged violations of its smoking policy, it took the issues seriously and made further attempts to enforce the policy. There is no basis to conclude that, where an employer takes reasonable steps, it should nevertheless be held liable in discrimination for every policy breach committed by its employees. Contrary to the applicant’s submissions, this is not the established standard to which respondents are held: see, for example, Baisa v. Skills for Change, 2010 HRTO 1621 at para. 66 THE UNION’S DUTY TO ACCOMMODATE
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