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Grounds of Discrimination
Federal - 10 %
Provincial - 90%
what are some of the implications for employers that prohibited grounds for discrimination brings (9)
Must accommodate to “the point of undue hardship”
Being on probation doesn’t matter
Employee perception matters
Complaints must be made on a prohibited ground
Covers all employment matters, not just recruiting
Unequal treatment, based on a ground in the Human Rights Code, that takes place on the job.
Any company policy, practice or action that is not intentionally discriminatory but has a discriminatory impact or effect nonetheless.
Bona Fide Occupational Requirement (BFOR)
what is it? and what are the 3 requirements
- A justified business reason for discriminating against an employee on a prohibited ground. Assess the appropriateness of company rules
- by considering three criteria:
- 1.Is the standard rationally connected to
- the performance of the job?
2.Was the standard established in an honest, good faith belief that it was necessary?
3.Is the standard reasonably necessary to accomplish its purpose? i.e., it must be impossible to accommodate individual employees without imposing undue hardship on the employer.
The Duty to Accommodate
- Requires an effort, short of undue
- hardship, to accommodate the needs of persons who are protected under the Code.
The employer must present evidence showing that the cost of accommodation or health and safety risks would create undue hardship.
Voluntary adjustments to work or workplace that allow employees with special needs to perform their jobs effectively.
Once hired, it is the employee’s responsibility to provide the employer with information about any requirements and to ask for special needs to be met.
Must work with employer to resolve the matter.
- A reasonable person ought to have
- known that such behaviour was unwelcome
1.Was the conduct sexual in nature?
2.Was the conduct unwelcome?
3.Did the conduct detrimentally affect the work environment or lead to adverse job-related consequences?
Poisoned work environment
Ongoing insults, degrading comments, or actions
Exposure to negative treatment
Develop a policy
Put the company policy in writing
Make the policy a term of employment
Educate your employees
Monitor the workplace
Consider a hotline
Rethinking your sexual harassment policy
Try to solve the problem rather than laying blame or determining guilt.
Focus on avoidance and resolution rather than punishment.
Recognize the negative consequences of the investigation itself.
Develop workplace programs that are respectful.
Recognize the complexity.
Introduce a process that encourages people to come forward before concerns/problems escalate.
Remedies for violations
Order to stop discriminatory practice
Restore rights, opportunities, privileges denied to the victim
- Lost wages
- Hurt feelings
Public Interest Remedies
- To ensure discrimination will not
Write a policy
Hire a consultant
Train employees and managers
It is against the law for the employer (and supervisor) to try to get even with an employee who filed charges or a complaint under the Human Rights Act
What would you like to do?
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