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Grounds of Discrimination

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									Grounds of Discrimination
     Human Rights and the Law
Employment
      Everyone has a right to „equal
  treatment‟ with respect to employment

             This includes:
 •Job Applications   •Apprenticeship
 •Training           •Dismissal
 •Transfers          •Layoffs
 •Promotions
Exceptions Under the Law

  • Certain actions are not considered
    discriminatory if they are ‘reasonable and
    justifiable under the circumstances
    Example:
    Higher insurance fees for younger drivers
Exceptions Under the Law

  Bona Fide Occupational Requirement
  • In some cases, specific skills are required to do a
    certain job

  • A qualification that would normally be considered
    discriminatory but it is necessary for proper or
    efficient job performance

    Example:
    Requiring delivery drivers to have a valid driver‟s
    licence
Exceptions Under the Law

  Affirmative Action
  • Gives advantages to groups who have been
    discriminated against in the past

  • Often practiced in organizations that serve
    a particular community

    Example:
    Women prison guards at a women‟s prison
Types of Discrimination

   Constructive Discrimination
   • Neutral requirements found in employment
     policies that inadvertently exclude certain
     individuals, resulting in discrimination
   • More difficult to detect than direct
     discrimination
     Example:
     Police departments had a minimum height
     requirement that effectively excluded most
     women and minority groups
Types of Discrimination

   Direct Discrimination
   • An overt act of discrimination;
     discrimination that is practiced openly

     Example:
     Refusing service or employment to
     someone simply because of his or her
     membership in a particular group
Duty to Accommodate
  Accommodate
  • Eliminate or adjust requirements or conditions to
    enable a person to carry out the essential duties of
    an activity or job
  • Supreme Court has ruled that an employer has a
    legal duty to accommodate an employee‟s
    individual needs
    Example:
    Employers must resolve conflicts, such as
    employees needing time off for religious
    observances, to be mutually satisfactory to both
    parties
Duty to Accommodate
  Undue Hardship
  • The result of a change that would affect the economic
    viability of an enterprise or produce a substantial health and
    safety risk that outweighs the benefit of the accommodation
  • Employer has the duty to prove accommodating an employee
    would cause undue hardship for the business

    Example:
    It would be expensive for an employer to install an elevator to
    accommodate the needs of one disabled worker required to
    carry boxes up a flight of stairs
    Exchange of some duties with a another employee might be
    attempted first
Harassment in the Workplace

   Harassment
   • Everyone has the right to be free from persistent or
     humiliating behaviour that violates the human
     rights of the victim
   • Outlined in provincial human rights codes
   • Racial, sexual, or religious slurs for example can
     be considered harassment if they are repeated or
     ongoing
   • Employers are responsible for ensuring that the
     conduct of employees does not constitute
     harassment
Harassment in the Workplace
   Sexual Harassment
   • Unwelcome sexual contact, remarks, leering,
     demands for dates, requests for sexual favours,
     and displays of sexually offensive pictures or
     graffiti
   Poisoned Environment
   • An uncomfortable or disturbing atmosphere
     created by the negative comments or behaviour of
     others
     Example:
     Female employee hearing disparaging comments
     from male co-workers such as “Women just aren‟t
     as capable as men”
Accommodation and Facilities
   Accommodation
   • All people have the right to equal treatment in
     accommodation and is protected under provincial
     human rights codes

   • May be long term such as renting or purchasing a
     home or temporary including staying at a hotel or
     college residence
   • Right to be free from discrimination based on age,
     marital status, or sources of income

   • Unmarried women with children and are on social
     assistance are often refused rental of apartments
Accommodation and Facilities
   Facilities
   • Areas or buildings designated for public use
     including parks, concert halls, or hockey rinks

   • Treatment of groups differently who use the same
     facility can be considered a human rights violation

     Example:
     A facility manager cracks down on fans who are
     jeering men's soccer teams but does not provide
     the same treatment for female players when they
     complain about jeering fans
Meeting Special Needs
  • Human rights codes prevent discrimination on the
    basis of disability

  • Needs of workers with psychological, emotional, or
    physical disabilities must be accommodated by
    employers

  • Persons with disabilities have the right to full
    integration and participation in society

  • Employers, landlords, service providers, and
    others have a duty to consider special needs
Meeting Special Needs
   Buildings, programs, procedures, and services must
   be designed to include all persons equally and fully
  Undue Hardship

  • Special arrangements must be made where it is
    impossible to remove barriers

  • To prove undue hardship, three criteria exist:

    1. Cost
    2. Sources of funding
    3. Health and safety
Goods and Services
  • Goods generally refer to merchandise that can be
    purchased such as iPods, books, and clothing

  • Services provide a way to meet consumer needs
    that do not involve the purchase of tangible good
    such as banking, dry cleaning, and taking a bus

  • Under human rights legislation, everyone has a
    right to equal access to goods and services

								
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