2026 Annual Human Rights Update: The latest cases and legislative developments

Lancaster’s Annual Human Rights Update returns to bring you the latest cases and updates on Canadian human rights law. Our dynamic speakers, who include experts in labour, employment, and human rights law, will share their insights and practical tips for you to bring back to your practice, your union, or your HR team! Topics include:

• What kinds of accommodations have courts recognized as reasonable accommodations for disabilities? What qualifies as “undue hardship” for an employer when it comes to disability accommodation?
• When might an employer’s ‘unconscious bias’ constitute discrimination in hiring?
• When will an employee’s discriminatory or controversial views expressed online or in the workplace lead to discharge?
• What are the different tests for establishing prima facie discrimination based on family status in Canada – including the Moore, Johnstone, Misetich, and Campbell River tests – and in which jurisdictions are they applied?
• What constitutes a serious interference with a family obligation such that it will amount to family status discrimination? How can employers and unions distinguish between protected family responsibilities and personal preferences?
• What forms of caregiving fall under the scope of family status protections? Which relations are protected? What types of activities, responsibilities, and obligations flowing from these relationships give rise to legal protection?
• How might AI-driven management impact an employee’s privacy and corresponding human rights? What are the limits of employer surveillance and monitoring?
• What has changed in the decisions relating to substance use cases and policies?
• What trends are emerging in damage awards for discrimination, failure to accommodate, and reprisal claims? How high has the bar been raised?