Ontario Employment and Labour Law Blog

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Paul Willetts Paul Willetts

A reminder for employers: Unconscious bias in the workplace investigation process

Workplace discrimination can take many forms and may include situations where an employee is the target of unintentional discriminatory behaviour informed by unconscious bias. Unconscious bias refers to social stereotypes about groups of people that individuals form outside of their own conscious awareness.

While workplace investigations can play an important role in addressing discrimination, they also have the inadvertent potential to further discriminatory conduct through unconscious bias. 

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Are Employers Required to Conduct an Investigation Before Dismissing a Worker for Cause?

Investigations have become common occurrences in the modern workplace. Their rise in popularity has corresponded with statutory changes which require employers to investigate certain claims of misconduct (such as those related to workplace harassment or violence).

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