February 22, 2007, 12:30 p.m. - 2:00 p.m. EST

Playback: Wednesday, February 28, 3:30 p.m. - 5:00 p.m. EST

Matthew Certosimo

Employer Counsel
Borden Ladner Gervais

Kim Bernhardt

Union Counsel
Grant & Bernhardt

Peggy O’Brien

Employer Counsel
Lawson Lundell

Michael Lynk

Arbitrator/Mediator

Even in a society as devoted to diversity and tolerance as Canada’s, nothing divides people as sharply as religion. Recent cases confirm that the workplace is no exception. In this timely and relevant session, Lancaster House brings together a panel of experts to analyze the latest arbitral, human rights and court decisions considering the duty to accommodate employees’ religious practices and freedom of religion in the workplace. Topics will include:

• Dress code policies and religion: How far can employers go in imposing dress code and uniform policies that interfere with employees' religious observance? Does the duty to accommodate require employers to make exceptions for workers whose religious practices include wearing facial jewelry, beards, head coverings, and ceremonial objects such as kirpans? Where religious observance prevents workers from wearing required safety equipment, what does the duty to accommodate require?

• Accommodating religious observance in scheduling: In what circumstances have employers been required to adjust work schedules to accommodate employees' religious observance? Does the duty to accommodate require employers to give workers paid days off to observe non-Christian holidays or Sabbaths? Must an employer alter break schedules to accommodate daily prayer times? Can an employee refuse to work on a religious holiday? On Sundays? When will adjusting schedules to accommodate religious observance result in undue hardship? What responsibilities do the union and individual employees have in accommodating religious observance in scheduling? 

• The scope of protection of religious observance under human rights legislation: Which activities are protected by the prohibition against discrimination on the basis of religion? What connection must be proven between the religious practice and religious belief in order to engage the protection? What constitutes a religion or creed for the purposes of establishing discrimination? Do religious practices have to be compulsory or widely endorsed to qualify for accommodation? Does the duty to accommodate require the employer to provide private space for the observance of religious practices (i.e. a prayer room) during working hours?    

• Freedom of religion and freedom of expression under the Canadian Charter of Rights and Freedoms:  To which workplaces does the Charter apply? What activities does the Charter right to freedom of religion protect? How is the Charter right to freedom of religion different from the right to be free from religion-based discrimination under human rights legislation? When does the Charter right to freedom of expression protect the communication of religious views?

• Exceptions for charitable, religious and philanthropic employers: Can religiously-affiliated employers require employees to subscribe to a particular faith? When, if ever, is a particular religious affiliation a bona fide occupational requirement? Can religiously-affiliated employers discipline or dismiss employees for behaviour that is inconsistent with the precepts of their religion?

$195, plus GST (Registrations must be paid in advance of the audio conference). Registration costs are per listening site/telephone, so you can have any number of people listening at your location for one low price. Click here for registration information.