Podcast
Questions and Answers
What are the three steps involved in the "reasonable and justifiable" defense test?
What are the three steps involved in the "reasonable and justifiable" defense test?
- Identify prima facie discrimination, propose reasonable accommodations, demonstrate undue hardship.
- Identify prima facie discrimination, demonstrate undue hardship, demonstrate a bona fide occupational requirement.
- Identify prima facie discrimination, demonstrate a Bona Fide Occupational Requirement (BFOR), demonstrate undue hardship. (correct)
- Provide prima facie evidence of discrimination, demonstrate undue hardship, show the policy was implemented fairly.
- Demonstrate undue hardship, justify the discrimination as a BFOR, show that the policy was implemented fairly.
When does the burden of proof shift to the respondent in a prima facie discrimination claim?
When does the burden of proof shift to the respondent in a prima facie discrimination claim?
- When the respondent has presented evidence of undue hardship.
- When the respondent fails to provide any reasonable accommodations.
- When the complainant has shown proof of bias or unfairness.
- When the complainant has shown a protected characteristic, an adverse impact, and that the protected characteristic played a role in the adverse impact. (correct)
In the context of accommodation, what does "undue hardship" refer to?
In the context of accommodation, what does "undue hardship" refer to?
- Any situation where the respondent feels uncomfortable making changes to their policies or procedures.
- A situation where the respondent would be forced to violate a legal requirement.
- Any situation where the respondent has to make changes to their policies.
- A situation where the respondent is required to make substantial changes to their operations. (correct)
What are the two key elements that need to be demonstrated for a successful "reasonable and justifiable" defense?
What are the two key elements that need to be demonstrated for a successful "reasonable and justifiable" defense?
Which of the following elements is NOT considered a key component of establishing prima facie discrimination?
Which of the following elements is NOT considered a key component of establishing prima facie discrimination?
What is considered "undue hardship" with respect to accommodation?
What is considered "undue hardship" with respect to accommodation?
Which of the following scenarios would most likely NOT be considered undue hardship in the context of accommodation?
Which of the following scenarios would most likely NOT be considered undue hardship in the context of accommodation?
How can the size of an organization impact the concept of undue hardship?
How can the size of an organization impact the concept of undue hardship?
Which statement best describes the relationship between undue hardship and reasonable accommodation?
Which statement best describes the relationship between undue hardship and reasonable accommodation?
What is the significance of the "point of undue hardship" in the context of accommodation?
What is the significance of the "point of undue hardship" in the context of accommodation?
Which of these is NOT a factor that could contribute to a finding of undue hardship?
Which of these is NOT a factor that could contribute to a finding of undue hardship?
In the context of accommodation, what is meant by the "point of undue hardship"?
In the context of accommodation, what is meant by the "point of undue hardship"?
Which of these best exemplifies the principle of "undue hardship" in the context of accommodation?
Which of these best exemplifies the principle of "undue hardship" in the context of accommodation?
According to the Meiorin case, what must an employer demonstrate to show that a workplace standard is justified?
According to the Meiorin case, what must an employer demonstrate to show that a workplace standard is justified?
In the Grismer case, what did the court find regarding the burden of proof for demonstrating undue hardship?
In the Grismer case, what did the court find regarding the burden of proof for demonstrating undue hardship?
In the context of workplace standards, what is meant by 'undue hardship'?
In the context of workplace standards, what is meant by 'undue hardship'?
What did the Supreme Court of Canada find regarding the mandatory retirement of a university professor in Dickason v University of Alberta?
What did the Supreme Court of Canada find regarding the mandatory retirement of a university professor in Dickason v University of Alberta?
What was the main issue at stake in the Meiorin case?
What was the main issue at stake in the Meiorin case?
Which of the following statements accurately reflects the impact of the Meiorin decision on the concept of 'bona fide occupational requirement' (BFOR)?
Which of the following statements accurately reflects the impact of the Meiorin decision on the concept of 'bona fide occupational requirement' (BFOR)?
What does the 'reasonably necessary' requirement in the Meiorin test refer to?
What does the 'reasonably necessary' requirement in the Meiorin test refer to?
In the Grismer case, how did the Court demonstrate that the Superintendent of Motor Vehicles failed to sufficiently consider 'undue hardship'?
In the Grismer case, how did the Court demonstrate that the Superintendent of Motor Vehicles failed to sufficiently consider 'undue hardship'?
What is the difference between a 'sufficient risk' and a 'serious risk' in the context of undue hardship?
What is the difference between a 'sufficient risk' and a 'serious risk' in the context of undue hardship?
What is the significance of the Meiorin and Grismer decisions in the context of workplace standards and discrimination?
What is the significance of the Meiorin and Grismer decisions in the context of workplace standards and discrimination?
What does the content state about an employer's, service provider's, or landlord's responsibility in accommodating individuals?
What does the content state about an employer's, service provider's, or landlord's responsibility in accommodating individuals?
When can an employer, service provider, or landlord use 'undue hardship' as a reason to refuse accommodation?
When can an employer, service provider, or landlord use 'undue hardship' as a reason to refuse accommodation?
Which of the following is NOT a situation where an organization might assess if a standard is discriminatory, according to the content?
Which of the following is NOT a situation where an organization might assess if a standard is discriminatory, according to the content?
What does the content state about an employer's responsibility to justify an existing standard?
What does the content state about an employer's responsibility to justify an existing standard?
Which of the following is NOT a consideration for justifying a standard, according to the content?
Which of the following is NOT a consideration for justifying a standard, according to the content?
What is a key factor the content emphasizes in assessing whether a standard is reasonable and justifiable?
What is a key factor the content emphasizes in assessing whether a standard is reasonable and justifiable?
According to the content, what is a potential reason for an employer to investigate alternative standards?
According to the content, what is a potential reason for an employer to investigate alternative standards?
Which of the following best describes the purpose of the content provided?
Which of the following best describes the purpose of the content provided?
What concept is emphasized in the content when it mentions that employers should consider group or individual differences and capabilities?
What concept is emphasized in the content when it mentions that employers should consider group or individual differences and capabilities?
In the context of the content, what does the phrase "bona fide occupational requirement" imply?
In the context of the content, what does the phrase "bona fide occupational requirement" imply?
In the case of Ganser v Rosewood Estates Condominium Corp. (No. 1), what was the reason the panel determined the condominium corporation's actions were discriminatory?
In the case of Ganser v Rosewood Estates Condominium Corp. (No. 1), what was the reason the panel determined the condominium corporation's actions were discriminatory?
What test was incorrectly applied by the Alberta Human Rights Panel in Gwinner v Alberta (Minister of Human Resources and Employment)?
What test was incorrectly applied by the Alberta Human Rights Panel in Gwinner v Alberta (Minister of Human Resources and Employment)?
In Gwinner v Alberta (Minister of Human Resources and Employment), what was the reason the panel decided the Alberta Widows’ Pension Act was not discriminatory?
In Gwinner v Alberta (Minister of Human Resources and Employment), what was the reason the panel decided the Alberta Widows’ Pension Act was not discriminatory?
In the case of Ganser v Rosewood Estates Condominium Corp. (No. 1), what were the factors contributing to the tenant’s poor relationship with the landlord?
In the case of Ganser v Rosewood Estates Condominium Corp. (No. 1), what were the factors contributing to the tenant’s poor relationship with the landlord?
In the case of Ganser v Rosewood Estates Condominium Corp., what type of discrimination was the tenant alleging?
In the case of Ganser v Rosewood Estates Condominium Corp., what type of discrimination was the tenant alleging?
In the case of Gwinner v Alberta (Minister of Human Resources and Employment), what was the legal basis for the complainants' argument?
In the case of Gwinner v Alberta (Minister of Human Resources and Employment), what was the legal basis for the complainants' argument?
In Ganser v Rosewood Estates Condominium Corp., what did the court find with respect to the landlord's defense under section 11 of the HRCM Act?
In Ganser v Rosewood Estates Condominium Corp., what did the court find with respect to the landlord's defense under section 11 of the HRCM Act?
In Gwinner v Alberta (Minister of Human Resources and Employment), the Court of Queen’s Bench determined that the panel had applied the Meiorin test incorrectly. What did this mean for the case?
In Gwinner v Alberta (Minister of Human Resources and Employment), the Court of Queen’s Bench determined that the panel had applied the Meiorin test incorrectly. What did this mean for the case?
What was the primary theme of the Ganser v Rosewood Estates Condominium Corp. (No. 1) case?
What was the primary theme of the Ganser v Rosewood Estates Condominium Corp. (No. 1) case?
In Gwinner v Alberta (Minister of Human Resources and Employment), what did the Alberta Court of Appeal decide?
In Gwinner v Alberta (Minister of Human Resources and Employment), what did the Alberta Court of Appeal decide?
What is a primary consideration when determining if a standard is discriminatory?
What is a primary consideration when determining if a standard is discriminatory?
In the context of accommodation, what distinguishes 'undue hardship' from regular hardship?
In the context of accommodation, what distinguishes 'undue hardship' from regular hardship?
Which scenario is likely to be classified as undue hardship in accommodation efforts?
Which scenario is likely to be classified as undue hardship in accommodation efforts?
What must an employer demonstrate to successfully claim undue hardship?
What must an employer demonstrate to successfully claim undue hardship?
Which aspect is critical for an organization when determining 'reasonable accommodation'?
Which aspect is critical for an organization when determining 'reasonable accommodation'?
What must a service provider demonstrate about a standard to show it is reasonable and justifiable?
What must a service provider demonstrate about a standard to show it is reasonable and justifiable?
Which factor is NOT considered when assessing whether an accommodation would cause undue hardship?
Which factor is NOT considered when assessing whether an accommodation would cause undue hardship?
What is one obligation of the individual seeking accommodation during the process?
What is one obligation of the individual seeking accommodation during the process?
What does the concept of 'accommodation to the point of undue hardship' imply?
What does the concept of 'accommodation to the point of undue hardship' imply?
How does the size of an organization affect its ability to accommodate individuals?
How does the size of an organization affect its ability to accommodate individuals?
What is a common misconception regarding the duty to accommodate?
What is a common misconception regarding the duty to accommodate?
What is a key aspect of the duty to accommodate process?
What is a key aspect of the duty to accommodate process?
What must an employer demonstrate to justify a standard in the workplace?
What must an employer demonstrate to justify a standard in the workplace?
Which of the following situations would likely trigger an assessment of a standard's discriminatory impact?
Which of the following situations would likely trigger an assessment of a standard's discriminatory impact?
When can an employer, service provider, or landlord claim undue hardship in accommodation efforts?
When can an employer, service provider, or landlord claim undue hardship in accommodation efforts?
What factor should be considered when evaluating whether a workplace standard is designed appropriately?
What factor should be considered when evaluating whether a workplace standard is designed appropriately?
Which of the following best represents a potential concern in justifying an existing standard?
Which of the following best represents a potential concern in justifying an existing standard?
Which consideration is NOT relevant when assessing if a standard is discriminatory?
Which consideration is NOT relevant when assessing if a standard is discriminatory?
What is the primary purpose of performing a thorough assessment of a standard's discriminatory impact?
What is the primary purpose of performing a thorough assessment of a standard's discriminatory impact?
How should an organization respond if they find that a standard has a discriminatory effect?
How should an organization respond if they find that a standard has a discriminatory effect?
Which of the following approaches is least likely to support the justification of an existing discriminatory standard?
Which of the following approaches is least likely to support the justification of an existing discriminatory standard?
What was the primary reason the Alberta Court of Queen's Bench upheld the human rights panel's decision in the Ganser v Rosewood Estates Condominium Corp. case?
What was the primary reason the Alberta Court of Queen's Bench upheld the human rights panel's decision in the Ganser v Rosewood Estates Condominium Corp. case?
In the Gwinner v Alberta case, what test was incorrectly applied by the Alberta human rights panel?
In the Gwinner v Alberta case, what test was incorrectly applied by the Alberta human rights panel?
What was the rationale for the Alberta Court of Appeal's dismissal of the appeal in the Gwinner v Alberta case?
What was the rationale for the Alberta Court of Appeal's dismissal of the appeal in the Gwinner v Alberta case?
In the Ganser v Rosewood Estates Condominium Corp. case, what was determined to be inappropriate about the condominium corporation's actions?
In the Ganser v Rosewood Estates Condominium Corp. case, what was determined to be inappropriate about the condominium corporation's actions?
What was one significant finding regarding the effects of the Alberta Widows’ Pension Act in the Gwinner v Alberta case?
What was one significant finding regarding the effects of the Alberta Widows’ Pension Act in the Gwinner v Alberta case?
How did the Alberta Human Rights panel view the relationship between the condominium corporation's service and the resident's complaint?
How did the Alberta Human Rights panel view the relationship between the condominium corporation's service and the resident's complaint?
In relation to the HRCM Act, what crucial aspect did the court emphasize regarding both the Ganser and Gwinner cases?
In relation to the HRCM Act, what crucial aspect did the court emphasize regarding both the Ganser and Gwinner cases?
Which of the following was recognized as a violation of rights in the context of Ganser v Rosewood Estates Condominium Corp.?
Which of the following was recognized as a violation of rights in the context of Ganser v Rosewood Estates Condominium Corp.?
What did the Gwinner case imply about the relationship between marital status and eligibility for benefits?
What did the Gwinner case imply about the relationship between marital status and eligibility for benefits?
What must an employer demonstrate to justify that a workplace standard is reasonably necessary?
What must an employer demonstrate to justify that a workplace standard is reasonably necessary?
In the Grismer case, what did the Court find about the Superintendent's minimum field-of-vision standard?
In the Grismer case, what did the Court find about the Superintendent's minimum field-of-vision standard?
What did the Supreme Court of Canada require from the entity imposing a standard to establish reasonable and justifiable contravention?
What did the Supreme Court of Canada require from the entity imposing a standard to establish reasonable and justifiable contravention?
Which scenario exemplifies a situation where undue hardship may be considered by an employer?
Which scenario exemplifies a situation where undue hardship may be considered by an employer?
What is a key consideration for demonstrating undue hardship in workplace accommodation according to the content?
What is a key consideration for demonstrating undue hardship in workplace accommodation according to the content?
In the context of the content, what does the term 'serious risk of danger' imply when assessing undue hardship?
In the context of the content, what does the term 'serious risk of danger' imply when assessing undue hardship?
How did the Court's findings in the Grismer case impact the approach to standards for driving ability?
How did the Court's findings in the Grismer case impact the approach to standards for driving ability?
What conclusion was drawn from Dickason v University of Alberta regarding mandatory retirement?
What conclusion was drawn from Dickason v University of Alberta regarding mandatory retirement?
What principle was established regarding an employer's responsibility to consider accommodations?
What principle was established regarding an employer's responsibility to consider accommodations?
Which of the following best describes the implications of the Meiorin decision on workplace standards?
Which of the following best describes the implications of the Meiorin decision on workplace standards?
When an organization claims "undue hardship" as a reason to refuse accommodation, what specific factor are they most likely trying to demonstrate?
When an organization claims "undue hardship" as a reason to refuse accommodation, what specific factor are they most likely trying to demonstrate?
In the context of accommodation, what distinguishes "undue hardship" from "regular hardship" that is considered acceptable?
In the context of accommodation, what distinguishes "undue hardship" from "regular hardship" that is considered acceptable?
Imagine a company that believes accommodating a disabled employee's need for a wheelchair-accessible workspace would require significant architectural modifications to their historic building. They argue that this would not only be costly but also potentially damage the building's historical integrity. Which statement BEST reflects the likely outcome of this case?
Imagine a company that believes accommodating a disabled employee's need for a wheelchair-accessible workspace would require significant architectural modifications to their historic building. They argue that this would not only be costly but also potentially damage the building's historical integrity. Which statement BEST reflects the likely outcome of this case?
In a case where undue hardship is being claimed, what would likely be considered the LEAST acceptable justification for refusing accommodation?
In a case where undue hardship is being claimed, what would likely be considered the LEAST acceptable justification for refusing accommodation?
Which of these scenarios is MOST likely to be classified as "undue hardship" in accommodation efforts for a worker with a disability?
Which of these scenarios is MOST likely to be classified as "undue hardship" in accommodation efforts for a worker with a disability?
Which of the following scenarios would most likely be considered an example of "undue hardship" in the context of accommodation?
Which of the following scenarios would most likely be considered an example of "undue hardship" in the context of accommodation?
Based on the provided content, which of the following statements accurately reflects the relationship between "undue hardship" and the size of an organization?
Based on the provided content, which of the following statements accurately reflects the relationship between "undue hardship" and the size of an organization?
According to the information provided, what is the primary consideration when determining if an accommodation would create "undue hardship" for an organization?
According to the information provided, what is the primary consideration when determining if an accommodation would create "undue hardship" for an organization?
Which of the following scenarios best exemplifies the concept of "undue hardship" in terms of accommodation?
Which of the following scenarios best exemplifies the concept of "undue hardship" in terms of accommodation?
What is a key distinction that the provided content highlights between regular hardship and "undue hardship" in the context of accommodation?
What is a key distinction that the provided content highlights between regular hardship and "undue hardship" in the context of accommodation?
Which of the following is NOT mentioned as a factor that could contribute to a finding of "undue hardship" in the context of accommodation?
Which of the following is NOT mentioned as a factor that could contribute to a finding of "undue hardship" in the context of accommodation?
Which of the following scenarios would most likely be considered an example of an accommodation effort that does NOT reach the point of "undue hardship"?
Which of the following scenarios would most likely be considered an example of an accommodation effort that does NOT reach the point of "undue hardship"?
Which of these statements best describes the relationship between "undue hardship" and "reasonable accommodation"?
Which of these statements best describes the relationship between "undue hardship" and "reasonable accommodation"?
In the Grismer case, what specific action by the Superintendent of Motor Vehicles did the court determine failed to meet the undue hardship standard?
In the Grismer case, what specific action by the Superintendent of Motor Vehicles did the court determine failed to meet the undue hardship standard?
According to the Grismer case, what is the level of risk that a service provider must demonstrate to establish undue hardship in accommodating an individual with a disability?
According to the Grismer case, what is the level of risk that a service provider must demonstrate to establish undue hardship in accommodating an individual with a disability?
Which of the following scenarios is most likely to be considered undue hardship in the context of accommodating an individual with a disability?
Which of the following scenarios is most likely to be considered undue hardship in the context of accommodating an individual with a disability?
The Meiorin test established a three-step process for determining whether a standard is reasonably necessary and justifiable. Which of the steps directly addresses the concept of undue hardship?
The Meiorin test established a three-step process for determining whether a standard is reasonably necessary and justifiable. Which of the steps directly addresses the concept of undue hardship?
In the Grismer case, the court determined that the Superintendent of Motor Vehicles had failed to demonstrate undue hardship in refusing Grismer's driving license application. Which of the following reasons best explains the court's reasoning?
In the Grismer case, the court determined that the Superintendent of Motor Vehicles had failed to demonstrate undue hardship in refusing Grismer's driving license application. Which of the following reasons best explains the court's reasoning?
Which of the following statements BEST reflects the impact of the Grismer decision on the concept of undue hardship?
Which of the following statements BEST reflects the impact of the Grismer decision on the concept of undue hardship?
In the context of undue hardship, what is the SIGNIFICANT difference between a 'sufficient risk' and a 'serious risk'?
In the context of undue hardship, what is the SIGNIFICANT difference between a 'sufficient risk' and a 'serious risk'?
Which of the following is the MOST ACCURATE statement regarding the burden of proof in demonstrating undue hardship?
Which of the following is the MOST ACCURATE statement regarding the burden of proof in demonstrating undue hardship?
In the Grismer case, what was the KEY factor that contributed to the court's finding that the Superintendent of Motor Vehicles had failed to demonstrate undue hardship in refusing Grismer's driving license application?
In the Grismer case, what was the KEY factor that contributed to the court's finding that the Superintendent of Motor Vehicles had failed to demonstrate undue hardship in refusing Grismer's driving license application?
Which of the following scenarios would MOST LIKELY be considered undue hardship in the context of workplace accommodation?
Which of the following scenarios would MOST LIKELY be considered undue hardship in the context of workplace accommodation?
In the context of the provided content, which of the following scenarios would most likely be considered 'undue hardship' for an employer attempting to accommodate an employee's disability?
In the context of the provided content, which of the following scenarios would most likely be considered 'undue hardship' for an employer attempting to accommodate an employee's disability?
According to the Grismer case, what does the court emphasize as a critical factor in determining whether an employer has met their obligation to consider 'undue hardship' before refusing accommodation?
According to the Grismer case, what does the court emphasize as a critical factor in determining whether an employer has met their obligation to consider 'undue hardship' before refusing accommodation?
Which of the following statements best describes the relationship between 'undue hardship' and 'reasonable accommodation' as presented in the content?
Which of the following statements best describes the relationship between 'undue hardship' and 'reasonable accommodation' as presented in the content?
Based on the content, how does the concept of 'undue hardship' relate to the assessment of discriminatory standards or practices?
Based on the content, how does the concept of 'undue hardship' relate to the assessment of discriminatory standards or practices?
Which of the following scenarios would most likely NOT be considered 'undue hardship' for a service provider attempting to accommodate a person with a disability?
Which of the following scenarios would most likely NOT be considered 'undue hardship' for a service provider attempting to accommodate a person with a disability?
In the context of the content, what is the significance of the 'point of undue hardship' in relation to reasonable accommodation?
In the context of the content, what is the significance of the 'point of undue hardship' in relation to reasonable accommodation?
Which of the following factors is NOT considered when determining whether accommodation would cause 'undue hardship' for an employer?
Which of the following factors is NOT considered when determining whether accommodation would cause 'undue hardship' for an employer?
The content emphasizes that the threshold for 'undue hardship' must be established only after what specific action has been taken by the employer or service provider?
The content emphasizes that the threshold for 'undue hardship' must be established only after what specific action has been taken by the employer or service provider?
In the context of the Grismer case, what did the court find was lacking in the Superintendent of Motor Vehicles' assessment of 'undue hardship'?
In the context of the Grismer case, what did the court find was lacking in the Superintendent of Motor Vehicles' assessment of 'undue hardship'?
An employer is considering a policy change that would require all employees to work a specific shift, potentially impacting the availability of employees who have caregiving responsibilities. Which key consideration, as outlined in the text, should the employer prioritize when assessing the potential discriminatory impact of this policy change?
An employer is considering a policy change that would require all employees to work a specific shift, potentially impacting the availability of employees who have caregiving responsibilities. Which key consideration, as outlined in the text, should the employer prioritize when assessing the potential discriminatory impact of this policy change?
A service provider is implementing a new policy that requires all clients to submit their requests for service online. While this is a more efficient process for the service provider, some clients do not have access to the internet. What aspect of the 'reasonable and justifiable' defense test is most directly challenged by this scenario?
A service provider is implementing a new policy that requires all clients to submit their requests for service online. While this is a more efficient process for the service provider, some clients do not have access to the internet. What aspect of the 'reasonable and justifiable' defense test is most directly challenged by this scenario?
A landlord is implementing a new policy requiring all tenants to have a guarantor for their lease. This policy disproportionately affects certain tenant populations, including young people and those with limited credit history. Which consideration, as outlined in the text, is most directly relevant to assessing the justification of this policy?
A landlord is implementing a new policy requiring all tenants to have a guarantor for their lease. This policy disproportionately affects certain tenant populations, including young people and those with limited credit history. Which consideration, as outlined in the text, is most directly relevant to assessing the justification of this policy?
A company is implementing a new fitness standard for all employees, requiring them to maintain a certain body mass index (BMI). Several employees are not able to meet this standard due to medical conditions. The company argues that the fitness standard is important for employee health and performance. Which consideration must the company address to avoid a finding of discrimination based on disability?
A company is implementing a new fitness standard for all employees, requiring them to maintain a certain body mass index (BMI). Several employees are not able to meet this standard due to medical conditions. The company argues that the fitness standard is important for employee health and performance. Which consideration must the company address to avoid a finding of discrimination based on disability?
A university is implementing a new policy requiring all students to take a standardized test to demonstrate proficiency in English. While the intention is to ensure academic readiness, the test disproportionately disadvantages students who are not native English speakers. How can the university evaluate the validity of this policy under the 'reasonable and justifiable' defense test?
A university is implementing a new policy requiring all students to take a standardized test to demonstrate proficiency in English. While the intention is to ensure academic readiness, the test disproportionately disadvantages students who are not native English speakers. How can the university evaluate the validity of this policy under the 'reasonable and justifiable' defense test?
A retail store manager implements a new policy requiring all employees to work evenings and weekends. However, this policy creates challenges for employees who have childcare obligations. The manager argues that evening and weekend hours are necessary to meet customer demand. What aspect of the 'reasonable and justifiable' defense test should the manager focus on to justify this policy?
A retail store manager implements a new policy requiring all employees to work evenings and weekends. However, this policy creates challenges for employees who have childcare obligations. The manager argues that evening and weekend hours are necessary to meet customer demand. What aspect of the 'reasonable and justifiable' defense test should the manager focus on to justify this policy?
A school board implements a new dress code policy that prohibits students from wearing certain types of clothing, such as head coverings. While the policy states it is intended to promote safety and create a uniform environment, it disproportionately affects students from certain religious groups. Which element of the 'reasonable and justifiable' defense test is most directly challenged by this scenario?
A school board implements a new dress code policy that prohibits students from wearing certain types of clothing, such as head coverings. While the policy states it is intended to promote safety and create a uniform environment, it disproportionately affects students from certain religious groups. Which element of the 'reasonable and justifiable' defense test is most directly challenged by this scenario?
A restaurant chain implements a new policy requiring all servers to wear a uniform that includes high heels. This policy disadvantages servers who have mobility issues or medical conditions that make wearing heels impractical. Which consideration, as outlined in the text, is most relevant in determining whether the uniform policy is discriminatory?
A restaurant chain implements a new policy requiring all servers to wear a uniform that includes high heels. This policy disadvantages servers who have mobility issues or medical conditions that make wearing heels impractical. Which consideration, as outlined in the text, is most relevant in determining whether the uniform policy is discriminatory?
An employer implements a new policy requiring all employees to undergo a background check. While this is intended to ensure the safety of the workplace, it disproportionately affects individuals with criminal records, making it difficult for them to find employment. What aspect of the 'reasonable and justifiable' defense test must the employer address to justify this policy?
An employer implements a new policy requiring all employees to undergo a background check. While this is intended to ensure the safety of the workplace, it disproportionately affects individuals with criminal records, making it difficult for them to find employment. What aspect of the 'reasonable and justifiable' defense test must the employer address to justify this policy?
A large corporation implements a new policy requiring all employees to work from the office at least three days a week. While this fosters collaboration and team building, it disadvantages employees who have childcare, eldercare, or disability-related needs that make commuting to the office difficult or impossible. Which consideration, as outlined in the text, should the corporation prioritize in determining whether the 'three days in the office' policy is discriminatory?
A large corporation implements a new policy requiring all employees to work from the office at least three days a week. While this fosters collaboration and team building, it disadvantages employees who have childcare, eldercare, or disability-related needs that make commuting to the office difficult or impossible. Which consideration, as outlined in the text, should the corporation prioritize in determining whether the 'three days in the office' policy is discriminatory?
Flashcards
Grismer Case
Grismer Case
A case that modified the Meiorin test for assessing reasonable accommodation in service standards.
Meiorin Test
Meiorin Test
A standard to determine if a workplace rule is unjustifiably discriminatory and requires individual accommodation.
Duty to Accommodate
Duty to Accommodate
The obligation of employers or service providers to adjust conditions to avoid discrimination.
Undue Hardship
Undue Hardship
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Individual Assessment
Individual Assessment
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Legitimate Purpose
Legitimate Purpose
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Collaborative Process
Collaborative Process
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Factors for Undue Hardship
Factors for Undue Hardship
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Accommodation
Accommodation
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Prima facie discrimination
Prima facie discrimination
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Protected characteristic
Protected characteristic
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Reasonable and justifiable standard
Reasonable and justifiable standard
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Three-step legal test
Three-step legal test
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Aerobic Test Purpose
Aerobic Test Purpose
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BFOR
BFOR
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Meiorin Three-Step Test
Meiorin Three-Step Test
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Direct vs Indirect Discrimination
Direct vs Indirect Discrimination
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Dickason Case
Dickason Case
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Section 11.1 Act
Section 11.1 Act
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Meiorin Case
Meiorin Case
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Bona Fide Occupational Requirement
Bona Fide Occupational Requirement
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Discriminatory Impact
Discriminatory Impact
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Alberta Court of Queen’s Bench
Alberta Court of Queen’s Bench
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Reasonable Standard
Reasonable Standard
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Discrimination based on source of income
Discrimination based on source of income
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Alternative Standards
Alternative Standards
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Individual Testing
Individual Testing
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HRCM Act
HRCM Act
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Prima facie discriminatory
Prima facie discriminatory
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Impressionistic views of disability
Impressionistic views of disability
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Search for Accommodation
Search for Accommodation
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Human rights complaint
Human rights complaint
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Oakes test
Oakes test
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Alberta Widows’ Pension Act
Alberta Widows’ Pension Act
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Public service obligations
Public service obligations
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Grismer Modification
Grismer Modification
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Reasonable Standard Criteria
Reasonable Standard Criteria
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Duty to Accommodate Responsibility
Duty to Accommodate Responsibility
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Undue Hardship Factors
Undue Hardship Factors
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Individual Needs Assessment
Individual Needs Assessment
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Participatory Accommodation Process
Participatory Accommodation Process
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Organizational Size Impact
Organizational Size Impact
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Assessment of Accommodation Efficacy
Assessment of Accommodation Efficacy
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Human rights panel
Human rights panel
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Reasonable alternatives
Reasonable alternatives
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Fair inquiry process
Fair inquiry process
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Condominium corporations and public service
Condominium corporations and public service
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Accommodation Process
Accommodation Process
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Appropriate Accommodation
Appropriate Accommodation
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Meiorin/Grismer Standards
Meiorin/Grismer Standards
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Alternative Approaches
Alternative Approaches
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Justifying a Standard
Justifying a Standard
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Aerobic Test
Aerobic Test
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Legitimate Work-Related Objective
Legitimate Work-Related Objective
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Burden of Demonstrating Undue Hardship
Burden of Demonstrating Undue Hardship
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Discriminatory Standard
Discriminatory Standard
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Duty to Consider Accommodations
Duty to Consider Accommodations
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Fitness Requirement
Fitness Requirement
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Reasonable and Justifiable
Reasonable and Justifiable
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Reasonable and Justifiable Defence
Reasonable and Justifiable Defence
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Burden to Accommodate
Burden to Accommodate
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Grismer Court Findings
Grismer Court Findings
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Purpose of Standards
Purpose of Standards
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Good-Faith Belief
Good-Faith Belief
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Reasonably Necessary Standard
Reasonably Necessary Standard
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Duty to Accommodate Process
Duty to Accommodate Process
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Undue Hardship Analysis
Undue Hardship Analysis
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Individual Needs Exploration
Individual Needs Exploration
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Burden of Proof for Undue Hardship
Burden of Proof for Undue Hardship
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Three-step test
Three-step test
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Workplace standard
Workplace standard
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Individualized testing
Individualized testing
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Serious risk of danger
Serious risk of danger
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Undue hardship burden
Undue hardship burden
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Accommodations for disabilities
Accommodations for disabilities
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Grismer case implications
Grismer case implications
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Gwinner Case
Gwinner Case
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Impressionistic Assumptions
Impressionistic Assumptions
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Public Service in Condominiums
Public Service in Condominiums
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Jurisdiction of Human Rights Panel
Jurisdiction of Human Rights Panel
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Alternative Options
Alternative Options
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Reasonable Inquiry Process
Reasonable Inquiry Process
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Section 11 of HRCM Act
Section 11 of HRCM Act
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Discrimination Based on Income Source
Discrimination Based on Income Source
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Reasonable Accommodation
Reasonable Accommodation
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Assessing Standards
Assessing Standards
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Study Notes
Introduction
- The document is a guide on defences to human rights complaints in Alberta, Canada.
- It discusses principles of human rights law, based on decisions from panels, tribunals, and courts.
- It explains the application of the Alberta Human Rights Act (the Act).
- The document helps individuals, employers, service providers, and policy-makers understand their rights and responsibilities under Alberta human rights law.
- The Act protects individuals from discrimination based on several grounds.
Protected Grounds
- Race, religious beliefs, color, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, and sexual orientation.
- Age is now a protected ground in all areas of the Act including tenancy.
Areas Protected
- Statements, publications, notices, signs, symbols, emblems, or other representations
- Goods, services, accommodation, or facilities customarily available to the public
- Residential or commercial tenancy
- Employment practices
- Applications and advertisements regarding employment
- Membership in trade unions, employers' organizations, or occupational associations
- Equal pay
- Age restrictions in seniors-only housing
Reasonable and Justifiable Contraventions
- The Act allows for defences to discrimination in certain circumstances.
- The document provides information about the concept of reasonable and justifiable contravention of the Act.
- It examines Supreme Court of Canada decisions related to reasonable and justifiable contraventions, particularly applying sections from the Act and the Charter of Rights and Freedoms.
- Case law establishes important principles involving reasonable and justifiable contraventions, including aspects like accommodation and proportionality.
Ameliorative Programs
- Section 10.1 of the Act permits policies and programs to improve conditions for disadvantaged people or groups as long as it is reasonably likely to achieve objective.
- The Act and courts have not clearly defined "disadvantaged person," but have identified Indigenous, females, transgender persons, young people, and people with disabilities as potentially disadvantaged.
- Ameliorative programs are an exception to discrimination, especially in regards to section 11. This is particularly important for understanding how these programs are considered in the legal framework.
Checklist for Determining if a Standard is Ameliorative
- The document details a checklist to determine if a standard is ameliorative.
- A standard must be designed to improve conditions for a specific group of disadvantaged persons.
- The group must be recognized by the Act as being disadvantaged in some way.
- The standard achieves or is reasonably likely to achieve the objective to improve conditions.
- Specific guidelines for ameliorative standards are provided.
Reasonable and Justifiable Standards
- The Act has defences to prima facie discrimination in certain areas.
- In section 11, a standard or policy is not a contravention if it's reasonable and justifiable in the given circumstances.
- Consideration must be given to accommodation to address potential discriminatory impacts.
Identifying Prima Facie Discrimination
- A person alleging discrimination needs to prove it.
- The person must show a protected characteristic, an adverse impact, and that the characteristic was a factor in the adverse impact.
Applying the Three-Step Legal Test
- The Supreme Court of Canada set a three-step test (Meiorin) examining employer practices in employment situations and a similar test for services (Grismer), to determine if a standard or practice is reasonable and justifiable, in order to assess if prima facie discrimination is valid. This applies in situations where there may be an appearance of discrimination (prima facie), but a justification for the practice could exist.
Duty to Accommodate
- Employers, service providers, and landlords have a duty to accommodate.
- The document explains what the duty to accommodate entails as a responsibility to adjust existing conditions in order to address any discriminatory impacts, focusing on accommodating a person to the point of undue hardship.
- The accommodation process requires cooperation from all parties.
- This duty must be fulfilled to the point where it doesn't impose undue hardship.
- The level of accommodation needed depends on the circumstances and individuals.
How to Assess a Standard
- The document outlines steps to meet criteria for reasonable and justifiable standards or policies.
- A standard must satisfy the connection to the business's objective, importance to the business's mission.
- It needs to consider whether there are alternative ways to achieve the goal without discrimination.
- Practical steps for justifying existing and designing new standards are detailed to protect against potential discrimination.
- These practical steps will help organizations evaluate and adjust their practices to minimize discriminatory impacts.
Designing a Standard or Reviewing Existing Standards
- The document provides a checklist for establishing a new standard.
- The guidelines include detailing the business objective and determining if a standard meets reasonableness and justifiability requirements.
- Practical steps for justifying or designing standards are offered to protect against potential discrimination.
- These details cover not only the formulation of new standards but also review of existing ones to prevent discrimination in the process.
Appendices
- Detailed case law analysis related to reasonable and justifiable standards & contraventions, ameliorative policies, practices, and activities. Includes specific case studies and relevant details regarding these aspects.
- Key Act provisions regarding reasonable and justifiable discrimination & ameliorative policies.
- Case law examples and detailed descriptions of relevant case studies are included in the appendices, including Meiorin and Grismer.
Contact Us
- Information on how to contact the Alberta Human Rights Commission.
- Website, confidential inquiry line, fax, toll-free number, TTY service, and office locations are provided.
- Online survey is linked for feedback.
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