Podcast
Questions and Answers
What is the name of the legislation in Alberta that is intended to protect citizens from governmental abuse of power?
What is the name of the legislation in Alberta that is intended to protect citizens from governmental abuse of power?
- Alberta Human Rights Act
- Alberta Bill of Rights (correct)
- Individual's Rights Protection Act
- Human Rights, Citizenship and Multiculturalism Act
Which legislation in Alberta was initially focused on protecting visible minorities?
Which legislation in Alberta was initially focused on protecting visible minorities?
- Individual's Rights Protection Act (correct)
- Alberta Bill of Rights
- Alberta Human Rights Act
- Human Rights, Citizenship and Multiculturalism Act
Which legislation in Alberta was passed as primacy legislation?
Which legislation in Alberta was passed as primacy legislation?
- Individual's Rights Protection Act (correct)
- Alberta Human Rights Act
- Alberta Bill of Rights
- Human Rights, Citizenship and Multiculturalism Act
What is the name of the legislation in BC that deals with human rights?
What is the name of the legislation in BC that deals with human rights?
What is the primary purpose of the Human Rights legislation in Alberta and BC?
What is the primary purpose of the Human Rights legislation in Alberta and BC?
Which of the following is NOT a responsibility of a human rights commission?
Which of the following is NOT a responsibility of a human rights commission?
What is the main difference between provincial human rights statutes and the Canadian Charter of Rights and Freedoms?
What is the main difference between provincial human rights statutes and the Canadian Charter of Rights and Freedoms?
Which of these options are correct? (Select all that apply)
Which of these options are correct? (Select all that apply)
Who is Michael Buono?
Who is Michael Buono?
What was Jessie Nelson's job title at Buono Osteria?
What was Jessie Nelson's job title at Buono Osteria?
What was the main issue Jessie Nelson had with Brian Gobelle?
What was the main issue Jessie Nelson had with Brian Gobelle?
How did management respond to Jessie Nelson's request for intervention?
How did management respond to Jessie Nelson's request for intervention?
What was the reason given for Jessie Nelson's termination?
What was the reason given for Jessie Nelson's termination?
What is the significance of Jessie Nelson being in the probationary period of employment?
What is the significance of Jessie Nelson being in the probationary period of employment?
What was the finding of the BC Tribunal in this case?
What was the finding of the BC Tribunal in this case?
What is the legal significance of this case?
What is the legal significance of this case?
Which of the following is NOT a prohibited ground of discrimination in Alberta?
Which of the following is NOT a prohibited ground of discrimination in Alberta?
What is a "BFOR"?
What is a "BFOR"?
Which province(s) prohibit discrimination on the basis of assignment, attachment, or seizure of pay?
Which province(s) prohibit discrimination on the basis of assignment, attachment, or seizure of pay?
What is an exemption to the right to be free from discrimination in employment?
What is an exemption to the right to be free from discrimination in employment?
Which of the following is a special exemption in the Alberta Act for age and marital status?
Which of the following is a special exemption in the Alberta Act for age and marital status?
Which of the following is a potential exemption for discrimination in the Alberta Act?
Which of the following is a potential exemption for discrimination in the Alberta Act?
Which of these is NOT a general defence to discrimination under the Alberta Act?
Which of these is NOT a general defence to discrimination under the Alberta Act?
Which of the following is a prohibited ground of discrimination in both Alberta and BC?
Which of the following is a prohibited ground of discrimination in both Alberta and BC?
Which province does NOT include source of income as a prohibited ground of discrimination in the area of employment?
Which province does NOT include source of income as a prohibited ground of discrimination in the area of employment?
If a fitness club wants to hire only male attendants to work in the men's locker room, what must they consider?
If a fitness club wants to hire only male attendants to work in the men's locker room, what must they consider?
What is the next step if conciliation fails?
What is the next step if conciliation fails?
Which of the following is NOT a similarity between a human rights hearing and a court hearing?
Which of the following is NOT a similarity between a human rights hearing and a court hearing?
What is the purpose of a marshalling order in Alberta?
What is the purpose of a marshalling order in Alberta?
What does the text say about the public nature of human rights hearings?
What does the text say about the public nature of human rights hearings?
In which situation can a party apply for a reconsideration of a human rights panel decision?
In which situation can a party apply for a reconsideration of a human rights panel decision?
What is the definition of a physical disability in reference to the Alberta legislation?
What is the definition of a physical disability in reference to the Alberta legislation?
What is a 'bona fide occupational requirement' (BFOR)?
What is a 'bona fide occupational requirement' (BFOR)?
According to the provided content, what is NOT considered a disability?
According to the provided content, what is NOT considered a disability?
Which of the following is NOT included in the definition of 'mental disability' in Alberta?
Which of the following is NOT included in the definition of 'mental disability' in Alberta?
What is an example of a physical disability according to the content?
What is an example of a physical disability according to the content?
What is meant by 'perceived disability' according to the text?
What is meant by 'perceived disability' according to the text?
What is the legal framework for justifying discriminatory employment decisions based on a disability?
What is the legal framework for justifying discriminatory employment decisions based on a disability?
What is the legal consequence of an employer discriminating against an individual based on a perceived disability?
What is the legal consequence of an employer discriminating against an individual based on a perceived disability?
What is an example of a situation where the employer can legitimately discriminate against an individual with a disability?
What is an example of a situation where the employer can legitimately discriminate against an individual with a disability?
Which of the following is NOT a protected ground under the Alberta Human Rights Act?
Which of the following is NOT a protected ground under the Alberta Human Rights Act?
According to the information provided, what is an example of an essential job duty that might unavoidably touch on a prohibited ground?
According to the information provided, what is an example of an essential job duty that might unavoidably touch on a prohibited ground?
Which of the following statements is TRUE regarding the use of language in job advertisements?
Which of the following statements is TRUE regarding the use of language in job advertisements?
According to the information, which of the following is NOT prohibited by the Alberta Act regarding job applications?
According to the information, which of the following is NOT prohibited by the Alberta Act regarding job applications?
What is the primary intent behind the Alberta Act's prohibition on requiring job applicants to provide information regarding protected grounds?
What is the primary intent behind the Alberta Act's prohibition on requiring job applicants to provide information regarding protected grounds?
Which of the following is an example of a qualification that, although not obviously biased, might touch on a prohibited ground, according to the text?
Which of the following is an example of a qualification that, although not obviously biased, might touch on a prohibited ground, according to the text?
If an employee is incarcerated for a criminal offense unrelated to their job, can their employer legally refuse to preserve their job?
If an employee is incarcerated for a criminal offense unrelated to their job, can their employer legally refuse to preserve their job?
What is the main argument against the notion that employers must preserve jobs for incarcerated employees?
What is the main argument against the notion that employers must preserve jobs for incarcerated employees?
What is the legal basis for the court's decision in the BC Human Rights Commission v BC Human Rights Tribunal case?
What is the legal basis for the court's decision in the BC Human Rights Commission v BC Human Rights Tribunal case?
According to the provided text, what is the primary objective of the BC Human Rights Code regarding criminal records and employment?
According to the provided text, what is the primary objective of the BC Human Rights Code regarding criminal records and employment?
Which of the following is TRUE about the Alberta Human Rights Act regarding criminal records?
Which of the following is TRUE about the Alberta Human Rights Act regarding criminal records?
In the context of the provided content, what is an exemption to the protection from discrimination based on conviction of a criminal offense in BC?
In the context of the provided content, what is an exemption to the protection from discrimination based on conviction of a criminal offense in BC?
What is the most likely legal outcome if an employer in BC refuses to employ an individual solely based on their criminal record, when the offense is unrelated to the job?
What is the most likely legal outcome if an employer in BC refuses to employ an individual solely based on their criminal record, when the offense is unrelated to the job?
Which of the following is a potential difference between the BC Human Rights Code and the Alberta Human Rights Act regarding criminal records and employment?
Which of the following is a potential difference between the BC Human Rights Code and the Alberta Human Rights Act regarding criminal records and employment?
What is a potential implication of the difference in legislation regarding criminal records and employment between BC and Alberta?
What is a potential implication of the difference in legislation regarding criminal records and employment between BC and Alberta?
Which of the following is NOT a prohibited ground of discrimination in employment in both Alberta and British Columbia?
Which of the following is NOT a prohibited ground of discrimination in employment in both Alberta and British Columbia?
Which of the following statements accurately reflects the legal principles surrounding discrimination in employment?
Which of the following statements accurately reflects the legal principles surrounding discrimination in employment?
What is a valid reason for an employer to discriminate against an individual based on a protected ground?
What is a valid reason for an employer to discriminate against an individual based on a protected ground?
Which scenario demonstrates a potential violation of human rights legislation in the workplace?
Which scenario demonstrates a potential violation of human rights legislation in the workplace?
Which of the following is a ground for discrimination in employment that is ONLY recognized in British Columbia, but NOT in Alberta?
Which of the following is a ground for discrimination in employment that is ONLY recognized in British Columbia, but NOT in Alberta?
Which option accurately reflects the legal consequences of a collective agreement contradicting human rights legislation?
Which option accurately reflects the legal consequences of a collective agreement contradicting human rights legislation?
Which of the following statements accurately reflects the employer's duty to accommodate individuals with protected needs?
Which of the following statements accurately reflects the employer's duty to accommodate individuals with protected needs?
Which of the following is NOT a prohibited ground of discrimination according to the content?
Which of the following is NOT a prohibited ground of discrimination according to the content?
According to the text what could be considered "undue hardship" for an employer?
According to the text what could be considered "undue hardship" for an employer?
What is the legal concept established by the Meiorin case, as mentioned in the text?
What is the legal concept established by the Meiorin case, as mentioned in the text?
According to the content, what is a potential example of a legitimate reason to require a job applicant to have a driver's license?
According to the content, what is a potential example of a legitimate reason to require a job applicant to have a driver's license?
Which of the following is an example of a business practice that could be considered discriminatory?
Which of the following is an example of a business practice that could be considered discriminatory?
What is the main point the text is trying to make about the Meiorin case?
What is the main point the text is trying to make about the Meiorin case?
Which of the following is an example of a situation where an employer might have to accommodate an individual with a disability?
Which of the following is an example of a situation where an employer might have to accommodate an individual with a disability?
What is NOT mentioned in the text regarding accommodation for individuals with disabilities?
What is NOT mentioned in the text regarding accommodation for individuals with disabilities?
What is the main point the text is trying to make about the importance of the Meiorin case for employers?
What is the main point the text is trying to make about the importance of the Meiorin case for employers?
Which of the following is a general defense to discrimination under the Alberta Act?
Which of the following is a general defense to discrimination under the Alberta Act?
What is a potential exemption to the right to be free from discrimination in employment under the Alberta Act?
What is a potential exemption to the right to be free from discrimination in employment under the Alberta Act?
A fitness club wants to hire only male attendants to work in the men's locker room. What is the employer required to consider to justify this discriminatory practice?
A fitness club wants to hire only male attendants to work in the men's locker room. What is the employer required to consider to justify this discriminatory practice?
Which of the following is NOT considered a disability?
Which of the following is NOT considered a disability?
Which of these options are correct? (Select all that apply) The meaning of the word "trans" can include:
Which of these options are correct? (Select all that apply) The meaning of the word "trans" can include:
Which of these claims about the distinction between "sex" and "gender" in BC legislation is true?
Which of these claims about the distinction between "sex" and "gender" in BC legislation is true?
The inclusion of "gender identity" and "gender expression" in the BC Human Rights Code in 2016 is significant because:
The inclusion of "gender identity" and "gender expression" in the BC Human Rights Code in 2016 is significant because:
What is a core implication of the BC Tribunal's definition of "gender expression" in the context of human rights?
What is a core implication of the BC Tribunal's definition of "gender expression" in the context of human rights?
Which aspect of the BC Tribunal's definition of "gender identity" is most directly relevant to the legal protection of transgender individuals?
Which aspect of the BC Tribunal's definition of "gender identity" is most directly relevant to the legal protection of transgender individuals?
The case of Nelson v Goodberry Restaurant Group Ltd is a good example of how the BC Tribunal approaches discrimination based on gender expression and identity because:
The case of Nelson v Goodberry Restaurant Group Ltd is a good example of how the BC Tribunal approaches discrimination based on gender expression and identity because:
The information provided most strongly suggests that the inclusion of "gender identity" and "gender expression" in the BC Human Rights Code has led to:
The information provided most strongly suggests that the inclusion of "gender identity" and "gender expression" in the BC Human Rights Code has led to:
Which of the following statements best describes a risk associated with informal job advertisements?
Which of the following statements best describes a risk associated with informal job advertisements?
What does Section 8(1) of the Alberta Act prohibit in job advertisements?
What does Section 8(1) of the Alberta Act prohibit in job advertisements?
In the context of job advertisements, what is a bona fide occupational requirement (BFOR)?
In the context of job advertisements, what is a bona fide occupational requirement (BFOR)?
What is a consequence of using an ethnic community paper for job advertisements?
What is a consequence of using an ethnic community paper for job advertisements?
Which of the following statements regarding the contents of job advertisements is accurate under the Alberta Act?
Which of the following statements regarding the contents of job advertisements is accurate under the Alberta Act?
What is one requirement imposed on employers by the Pay Transparency Act (2023)?
What is one requirement imposed on employers by the Pay Transparency Act (2023)?
How does the Pay Transparency Act (2023) address inquiries about pay history?
How does the Pay Transparency Act (2023) address inquiries about pay history?
What is a significant impact of existing leadership assumptions on women's pay equity?
What is a significant impact of existing leadership assumptions on women's pay equity?
Which of the following groups does the Pay Transparency Act (2023) NOT apply to?
Which of the following groups does the Pay Transparency Act (2023) NOT apply to?
What is prohibited under the Pay Transparency Act (2023) regarding employees who inquire about pay?
What is prohibited under the Pay Transparency Act (2023) regarding employees who inquire about pay?
In what year does the Pay Transparency Act (2023) first apply to employers with 300 or more employees?
In what year does the Pay Transparency Act (2023) first apply to employers with 300 or more employees?
How does the Pay Transparency Act (2023) seek to enable employees regarding pay information?
How does the Pay Transparency Act (2023) seek to enable employees regarding pay information?
Which of the following best describes the traits often associated with successful leadership as per existing assumptions?
Which of the following best describes the traits often associated with successful leadership as per existing assumptions?
What type of report must 'reporting employers' prepare under the Pay Transparency Act (2023)?
What type of report must 'reporting employers' prepare under the Pay Transparency Act (2023)?
Which of the following statements about the exemptions in the Alberta Act is true?
Which of the following statements about the exemptions in the Alberta Act is true?
In what situation can an employer legally discriminate based on a physical appearance-related issue?
In what situation can an employer legally discriminate based on a physical appearance-related issue?
Which province does NOT prohibit discrimination based on source of income in employment?
Which province does NOT prohibit discrimination based on source of income in employment?
What must an employer consider when hiring for a position with gender-specific duties?
What must an employer consider when hiring for a position with gender-specific duties?
Which of the following is a requirement for an employer to discriminate as allowed under section 11 of the Alberta Act?
Which of the following is a requirement for an employer to discriminate as allowed under section 11 of the Alberta Act?
What kind of appearance discrimination would potentially be permissible under the Alberta Act?
What kind of appearance discrimination would potentially be permissible under the Alberta Act?
In which of the following situations is unemployment discrimination most likely permissible?
In which of the following situations is unemployment discrimination most likely permissible?
Which of the following best reflects the general approach to discriminatory advertising under the Alberta Act?
Which of the following best reflects the general approach to discriminatory advertising under the Alberta Act?
What does the term 'bona fide occupational requirement' (BFOR) imply in employment practices?
What does the term 'bona fide occupational requirement' (BFOR) imply in employment practices?
Which of the following characteristics is NOT explicitly mentioned as a prohibited ground of discrimination in employment?
Which of the following characteristics is NOT explicitly mentioned as a prohibited ground of discrimination in employment?
What is the main reason why leadership commitment is crucial for closing the gender pay gap, according to the provided text?
What is the main reason why leadership commitment is crucial for closing the gender pay gap, according to the provided text?
Which of the following is NOT mentioned as a potential barrier to closing the gender pay gap, based on the provided information?
Which of the following is NOT mentioned as a potential barrier to closing the gender pay gap, based on the provided information?
Based on the provided text, what is the current situation regarding the gender wage gap in Canada?
Based on the provided text, what is the current situation regarding the gender wage gap in Canada?
What is the key message conveyed by the phrase "the battle starts at the top" in the context of closing the gender pay gap?
What is the key message conveyed by the phrase "the battle starts at the top" in the context of closing the gender pay gap?
How can employers effectively address incremental bias that contributes to the gender pay gap?
How can employers effectively address incremental bias that contributes to the gender pay gap?
What is a significant consequence of incremental bias affecting women's career trajectories, as suggested by the text?
What is a significant consequence of incremental bias affecting women's career trajectories, as suggested by the text?
The provided text emphasizes the importance of leadership commitment in closing the gender pay gap. Which of the following statements BEST aligns with this message?
The provided text emphasizes the importance of leadership commitment in closing the gender pay gap. Which of the following statements BEST aligns with this message?
What is the primary reason for the gender pay gap being persistent in Canada?
What is the primary reason for the gender pay gap being persistent in Canada?
Which of the following is NOT a DIRECTLY mentioned strategy for closing the gender pay gap, as presented in the text?
Which of the following is NOT a DIRECTLY mentioned strategy for closing the gender pay gap, as presented in the text?
Based on the provided content, which of the following is true regarding the impact of the gender pay gap on women who are members of specific groups?
Based on the provided content, which of the following is true regarding the impact of the gender pay gap on women who are members of specific groups?
The prohibited grounds of discrimination are identical in Alberta and British Columbia.
The prohibited grounds of discrimination are identical in Alberta and British Columbia.
Discrimination requires an intent to harm.
Discrimination requires an intent to harm.
Employers are obligated to accommodate any special needs of protected individuals or groups.
Employers are obligated to accommodate any special needs of protected individuals or groups.
A collective agreement can override human rights legislation.
A collective agreement can override human rights legislation.
The Canadian Charter of Rights and Freedoms is the only legislation that protects human rights in Canada.
The Canadian Charter of Rights and Freedoms is the only legislation that protects human rights in Canada.
Age is a prohibited ground of discrimination in both Alberta and British Columbia.
Age is a prohibited ground of discrimination in both Alberta and British Columbia.
The term "race" in the legislation refers only to the colour of someone's skin.
The term "race" in the legislation refers only to the colour of someone's skin.
A person's weight can be considered a "physical disability" under Alberta legislation.
A person's weight can be considered a "physical disability" under Alberta legislation.
Employers are always required to accommodate individuals with disabilities, regardless of the job requirements.
Employers are always required to accommodate individuals with disabilities, regardless of the job requirements.
The definition of "mental disability" in Alberta includes disorders regardless of their cause or duration.
The definition of "mental disability" in Alberta includes disorders regardless of their cause or duration.
Employers are prohibited from discriminating against individuals based on their "perceived disability."
Employers are prohibited from discriminating against individuals based on their "perceived disability."
A "bona fide occupational requirement" (BFOR) is a standard that is only justified if it is absolutely necessary for the safe performance of the job.
A "bona fide occupational requirement" (BFOR) is a standard that is only justified if it is absolutely necessary for the safe performance of the job.
The Alberta Act prohibits employers from asking job applicants about their marital status.
The Alberta Act prohibits employers from asking job applicants about their marital status.
A common cold is considered a disability under the Alberta Act.
A common cold is considered a disability under the Alberta Act.
Employers must document all decisions related to hiring, including reasons, to defend against alleged discrimination.
Employers must document all decisions related to hiring, including reasons, to defend against alleged discrimination.
An employer may legally refuse to hire a blind school bus driver because driving a school bus requires good vision.
An employer may legally refuse to hire a blind school bus driver because driving a school bus requires good vision.
A discriminatory ground, even if not the sole reason for an employment decision, can still violate the Alberta Act and BC Code.
A discriminatory ground, even if not the sole reason for an employment decision, can still violate the Alberta Act and BC Code.
Alberta legislation requires employers to provide accommodations for all disabilities, even if it results in undue hardship.
Alberta legislation requires employers to provide accommodations for all disabilities, even if it results in undue hardship.
Job descriptions should only include essential duties, as non-essential duties might potentially discriminate against applicants.
Job descriptions should only include essential duties, as non-essential duties might potentially discriminate against applicants.
Reviewing job descriptions is only necessary when hiring for a new position, not when filling an existing role.
Reviewing job descriptions is only necessary when hiring for a new position, not when filling an existing role.
The Pay Transparency Act in BC requires all employers to publish their pay transparency reports.
The Pay Transparency Act in BC requires all employers to publish their pay transparency reports.
Job duties or requirements that are both essential and related to a prohibited ground of discrimination should be carefully reviewed.
Job duties or requirements that are both essential and related to a prohibited ground of discrimination should be carefully reviewed.
Employers in BC can legally ask job applicants for their salary history.
Employers in BC can legally ask job applicants for their salary history.
Under the Pay Transparency Act in BC, employers are prohibited from retaliating against employees who inquire about their pay.
Under the Pay Transparency Act in BC, employers are prohibited from retaliating against employees who inquire about their pay.
In 2026, all employers in BC, regardless of size, will be required to publish pay transparency reports.
In 2026, all employers in BC, regardless of size, will be required to publish pay transparency reports.
The Pay Transparency Act in BC applies only to private sector employers.
The Pay Transparency Act in BC applies only to private sector employers.
The Pay Transparency Act in BC prohibits employers from specifying a salary range in job postings.
The Pay Transparency Act in BC prohibits employers from specifying a salary range in job postings.
The Pay Transparency Act in BC was introduced in 2023, but it will not come into effect until 2024.
The Pay Transparency Act in BC was introduced in 2023, but it will not come into effect until 2024.
Private sector employers in BC with 300 or more employees will be required to publish pay transparency reports in 2025.
Private sector employers in BC with 300 or more employees will be required to publish pay transparency reports in 2025.
The Pay Transparency Act in BC is intended to promote pay equity by increasing transparency in pay practices.
The Pay Transparency Act in BC is intended to promote pay equity by increasing transparency in pay practices.
The Pay Transparency Act in BC requires employers to disclose the pay of individual employees.
The Pay Transparency Act in BC requires employers to disclose the pay of individual employees.
The BC Tribunal acknowledged that damages awards in previous comparable cases had been in the range of $22,500 to $25,000 but expressly endorsed an upward trend in damages awards.
The BC Tribunal acknowledged that damages awards in previous comparable cases had been in the range of $22,500 to $25,000 but expressly endorsed an upward trend in damages awards.
The BC Tribunal's highest-ever payment for injury to dignity was awarded in a case involving racial discrimination.
The BC Tribunal's highest-ever payment for injury to dignity was awarded in a case involving racial discrimination.
The legal process leading to Levan Francis' human rights complaint lasted less than a decade.
The legal process leading to Levan Francis' human rights complaint lasted less than a decade.
Levan Francis was employed as a Correctional Officer in Port Coquitlam.
Levan Francis was employed as a Correctional Officer in Port Coquitlam.
Francis was awarded $1,000,000 in damages for injury to dignity.
Francis was awarded $1,000,000 in damages for injury to dignity.
In its decision, the BC Tribunal referenced the case of Sunshine Village Corporation v Boehnisch (2020).
In its decision, the BC Tribunal referenced the case of Sunshine Village Corporation v Boehnisch (2020).
Levan Francis was physically assaulted by colleagues and management.
Levan Francis was physically assaulted by colleagues and management.
Francis' case involved discrimination on the basis of sex.
Francis' case involved discrimination on the basis of sex.
The BC Tribunal awarded Francis $40,000 for injury to dignity, similar to the amount in the Araniva v RSY Contracting (No 3) case.
The BC Tribunal awarded Francis $40,000 for injury to dignity, similar to the amount in the Araniva v RSY Contracting (No 3) case.
The BC Tribunal cited the University of British Columbia v Kelly case as a recent precedent for awarding damages in cases of discrimination.
The BC Tribunal cited the University of British Columbia v Kelly case as a recent precedent for awarding damages in cases of discrimination.
The Alberta Bill of Rights was initially intended to protect citizens from discriminatory practices by private corporations.
The Alberta Bill of Rights was initially intended to protect citizens from discriminatory practices by private corporations.
The scope of human rights legislation has been steadily expanding, with provinces like Alberta and BC enacting comprehensive acts to combat discrimination based on 15 grounds.
The scope of human rights legislation has been steadily expanding, with provinces like Alberta and BC enacting comprehensive acts to combat discrimination based on 15 grounds.
The IRPA, passed in Alberta in 1972, predates the BC Human Rights Code, which was introduced in 1973.
The IRPA, passed in Alberta in 1972, predates the BC Human Rights Code, which was introduced in 1973.
Unlike the Canadian Charter of Rights and Freedoms, provincial human rights statutes apply solely to the actions of government entities.
Unlike the Canadian Charter of Rights and Freedoms, provincial human rights statutes apply solely to the actions of government entities.
The BC Human Rights Code, introduced in 1973, has remained largely unchanged since its inception.
The BC Human Rights Code, introduced in 1973, has remained largely unchanged since its inception.
The Alberta Human Rights Act (the Alberta Act) was initially passed in 1972, and has undergone significant revisions and changes to reflect the evolving understanding and scope of human rights protections.
The Alberta Human Rights Act (the Alberta Act) was initially passed in 1972, and has undergone significant revisions and changes to reflect the evolving understanding and scope of human rights protections.
All provinces in Canada have introduced comprehensive human rights legislation based on the same framework and prohibiting discrimination on the same grounds, ensuring a consistent approach across jurisdictions.
All provinces in Canada have introduced comprehensive human rights legislation based on the same framework and prohibiting discrimination on the same grounds, ensuring a consistent approach across jurisdictions.
The gender wage gap in Canada has remained relatively unchanged despite efforts to close it.
The gender wage gap in Canada has remained relatively unchanged despite efforts to close it.
Canadian women earn 85 cents for every dollar earned by men.
Canadian women earn 85 cents for every dollar earned by men.
The text portrays closing the gender pay gap as a straightforward and easily achievable goal.
The text portrays closing the gender pay gap as a straightforward and easily achievable goal.
According to Anil Verma, the gap is larger for women who are Indigenous, living with a disability, racialized, or newcomers to Canada.
According to Anil Verma, the gap is larger for women who are Indigenous, living with a disability, racialized, or newcomers to Canada.
The text suggests that leadership commitment is the sole factor crucial for closing the gender pay gap.
The text suggests that leadership commitment is the sole factor crucial for closing the gender pay gap.
The text states that bias in salary disparities often occurs gradually and subtly, not explicitly.
The text states that bias in salary disparities often occurs gradually and subtly, not explicitly.
Women's family and social obligations are not a significant factor in contributing to the gender pay gap.
Women's family and social obligations are not a significant factor in contributing to the gender pay gap.
The text suggests that the gender pay gap is primarily a result of women's choices and lack of ambition.
The text suggests that the gender pay gap is primarily a result of women's choices and lack of ambition.
The main message of the article is that the gender wage gap is an intractable problem that will likely never be fully resolved.
The main message of the article is that the gender wage gap is an intractable problem that will likely never be fully resolved.
A party can apply for reconsideration of a human rights panel decision as long as they are not happy with the outcome.
A party can apply for reconsideration of a human rights panel decision as long as they are not happy with the outcome.
If a human rights complaint is based on a matter covered by a collective agreement, it will always be heard by an arbitrator rather than a human rights panel.
If a human rights complaint is based on a matter covered by a collective agreement, it will always be heard by an arbitrator rather than a human rights panel.
Human rights panels have more latitude regarding the evidence they accept than courts do because the parties involved are often unfamiliar with court processes.
Human rights panels have more latitude regarding the evidence they accept than courts do because the parties involved are often unfamiliar with court processes.
A human rights hearing is conducted by an arbitrator, just like a hearing in a court system.
A human rights hearing is conducted by an arbitrator, just like a hearing in a court system.
If both parties are unhappy with the outcome of a case, they can file for a reconsideration of the decision by the panel.
If both parties are unhappy with the outcome of a case, they can file for a reconsideration of the decision by the panel.
The BC Code allows for discrimination in favor of people from a particular group if there is a bona fide affirmative action program in place.
The BC Code allows for discrimination in favor of people from a particular group if there is a bona fide affirmative action program in place.
The Alberta Human Rights Commission has the power to dismiss a complaint if it is not within their jurisdiction, even if the complaint is filed within the statutory timeline.
The Alberta Human Rights Commission has the power to dismiss a complaint if it is not within their jurisdiction, even if the complaint is filed within the statutory timeline.
The complaint process for human rights issues in Alberta is significantly different from the process in BC, requiring different procedures and timelines.
The complaint process for human rights issues in Alberta is significantly different from the process in BC, requiring different procedures and timelines.
The BC Code defines "special program" as a program designed to remove discrimination and promote equality.
The BC Code defines "special program" as a program designed to remove discrimination and promote equality.
The Alberta Human Rights Commission has the final authority to decide whether a complaint is successful.
The Alberta Human Rights Commission has the final authority to decide whether a complaint is successful.
The BC Tribunal will typically attempt to settle a complaint before a hearing takes place if it is not dismissed at an earlier stage.
The BC Tribunal will typically attempt to settle a complaint before a hearing takes place if it is not dismissed at an earlier stage.
The BC Tribunal reviews whether the complaint is within the statutory timeline, but does not assess whether the alleged discrimination meets the criteria outlined in the BC Code.
The BC Tribunal reviews whether the complaint is within the statutory timeline, but does not assess whether the alleged discrimination meets the criteria outlined in the BC Code.
The BC Code identifies all special programs as employment equity programs.
The BC Code identifies all special programs as employment equity programs.
Employers in BC are required to provide a written response to a human rights complaint, similar to the process in Alberta.
Employers in BC are required to provide a written response to a human rights complaint, similar to the process in Alberta.
The BC Tribunal's process for reviewing complaints is significantly more rigorous than the Alberta Human Rights Commission's process, with more detailed examinations before notifying the respondent.
The BC Tribunal's process for reviewing complaints is significantly more rigorous than the Alberta Human Rights Commission's process, with more detailed examinations before notifying the respondent.
The Alberta Act prohibits employers from retaliating against employees who make a complaint under the Act, even if the complaint is considered frivolous or vexatious.
The Alberta Act prohibits employers from retaliating against employees who make a complaint under the Act, even if the complaint is considered frivolous or vexatious.
The BC Code protects individuals from retaliation only if they have successfully proven discrimination under the Code.
The BC Code protects individuals from retaliation only if they have successfully proven discrimination under the Code.
Discrimination based on social status is explicitly prohibited under both the Alberta Act and the BC Code.
Discrimination based on social status is explicitly prohibited under both the Alberta Act and the BC Code.
An employer can legally refuse to hire someone based on their social status, even if they are qualified for the job.
An employer can legally refuse to hire someone based on their social status, even if they are qualified for the job.
A company implementing diversity initiatives by providing paid internships to people with disabilities fulfills its obligation to ensure equal opportunities for all.
A company implementing diversity initiatives by providing paid internships to people with disabilities fulfills its obligation to ensure equal opportunities for all.
A company hosting leadership seminars for high-level female and minority employees is sufficient to address concerns about gender and racial disparities in leadership positions.
A company hosting leadership seminars for high-level female and minority employees is sufficient to address concerns about gender and racial disparities in leadership positions.
If a company implements a succession planning program that includes a diversity component, it is automatically protected from accusations of discrimination in its hiring practices.
If a company implements a succession planning program that includes a diversity component, it is automatically protected from accusations of discrimination in its hiring practices.
If an employee is terminated for making a complaint about discrimination, they automatically have a legal claim against the employer.
If an employee is terminated for making a complaint about discrimination, they automatically have a legal claim against the employer.
A company can argue that a "bona fide occupational requirement" (BFOR) justifies discriminatory hiring practices based on a ground not covered by the legislation, such as social status.
A company can argue that a "bona fide occupational requirement" (BFOR) justifies discriminatory hiring practices based on a ground not covered by the legislation, such as social status.
A company can require applicants to disclose personal information related to a prohibited ground for discrimination, such as their marital status, if the information is specifically relevant for a particular job role.
A company can require applicants to disclose personal information related to a prohibited ground for discrimination, such as their marital status, if the information is specifically relevant for a particular job role.
Flashcards
Human rights legislation
Human rights legislation
Laws ensuring protection against discrimination and harassment in the workplace.
Employment decisions
Employment decisions
Actions related to hiring, promotions, and layoffs made non-discriminatorily.
Alberta Bill of Rights
Alberta Bill of Rights
First comprehensive human rights legislation in Alberta, passed in 1972.
Individual’s Rights Protection Act (IRPA)
Individual’s Rights Protection Act (IRPA)
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Primacy legislation
Primacy legislation
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Human Rights, Citizenship and Multiculturalism Act
Human Rights, Citizenship and Multiculturalism Act
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BC Human Rights Code
BC Human Rights Code
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Conciliation
Conciliation
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Human Rights Hearing
Human Rights Hearing
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Panel (Tribunal)
Panel (Tribunal)
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Reconsideration of Decision
Reconsideration of Decision
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Marshalling Order
Marshalling Order
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Gender Expression
Gender Expression
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Gender Identity
Gender Identity
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Non-binary
Non-binary
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Transgender
Transgender
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Discrimination
Discrimination
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Probationary Period
Probationary Period
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BC Tribunal Decision
BC Tribunal Decision
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Unreasonable Employer Response
Unreasonable Employer Response
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Physical Disability
Physical Disability
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Mental Disability
Mental Disability
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Perceived Disability
Perceived Disability
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Bona Fide Occupational Requirement (BFOR)
Bona Fide Occupational Requirement (BFOR)
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Discrimination in Hiring
Discrimination in Hiring
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Temporary Illness
Temporary Illness
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Assistive Devices
Assistive Devices
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Weight as Disability
Weight as Disability
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Legal Definitions of Disability
Legal Definitions of Disability
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Human Rights Tribunal
Human Rights Tribunal
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Discrimination based on appearance
Discrimination based on appearance
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Prohibited grounds of discrimination
Prohibited grounds of discrimination
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BFOR (Bona Fide Occupational Requirement)
BFOR (Bona Fide Occupational Requirement)
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Reasonable and justifiable discrimination
Reasonable and justifiable discrimination
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Exemptions in discrimination laws
Exemptions in discrimination laws
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Age-based discrimination exemptions
Age-based discrimination exemptions
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Source of income discrimination
Source of income discrimination
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Turner v Canada Border Services Agency
Turner v Canada Border Services Agency
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Quebec's unique discrimination grounds
Quebec's unique discrimination grounds
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Discrimination in hiring for men's locker room
Discrimination in hiring for men's locker room
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Duty to Accommodate
Duty to Accommodate
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Unintended Discrimination
Unintended Discrimination
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Collective Agreement Compliance
Collective Agreement Compliance
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Specific Discrimination Grounds in BC
Specific Discrimination Grounds in BC
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Family Status Discrimination
Family Status Discrimination
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Age Discrimination Exemptions
Age Discrimination Exemptions
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Sexual Orientation Protection
Sexual Orientation Protection
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Criminal Record Discrimination
Criminal Record Discrimination
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BC Court of Appeal Ruling
BC Court of Appeal Ruling
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Obiter Dicta
Obiter Dicta
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Intent of Legislation
Intent of Legislation
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Employment Status Preservation
Employment Status Preservation
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Alberta Act Exclusion
Alberta Act Exclusion
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BFOR Exemption
BFOR Exemption
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Critical Cases in Discrimination Law
Critical Cases in Discrimination Law
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Discrimination on Appearance
Discrimination on Appearance
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Prohibited Grounds
Prohibited Grounds
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BC Code Exemptions
BC Code Exemptions
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Alberta Act Exemptions
Alberta Act Exemptions
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BFOR Definition
BFOR Definition
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Reasonable Discrimination
Reasonable Discrimination
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Fitness Club Example
Fitness Club Example
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Age-Related Discrimination
Age-Related Discrimination
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Quebec Discrimination Grounds
Quebec Discrimination Grounds
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Undue Hardship
Undue Hardship
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Essential Job Requirement
Essential Job Requirement
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Accommodate Duty
Accommodate Duty
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Meiorin Case
Meiorin Case
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Discrimination Based on Language
Discrimination Based on Language
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Intolerable Financial Costs
Intolerable Financial Costs
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Negative Impact of Requirements
Negative Impact of Requirements
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Physical Fitness Test Issues
Physical Fitness Test Issues
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Non-discriminatory language
Non-discriminatory language
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Job application restrictions
Job application restrictions
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Transsexual
Transsexual
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Fluid Gender Identity
Fluid Gender Identity
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BC Code on Gender Identity
BC Code on Gender Identity
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Gender Pay Gap
Gender Pay Gap
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Leadership Commitment
Leadership Commitment
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Salary Audits
Salary Audits
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Incremental Bias
Incremental Bias
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Communication and Action
Communication and Action
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Indigenous Women
Indigenous Women
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Effective Human Resources
Effective Human Resources
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Family and Social Obligations
Family and Social Obligations
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Progress Towards Equity
Progress Towards Equity
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Pay Transparency Act
Pay Transparency Act
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Pay Reporting Obligations
Pay Reporting Obligations
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Salary Disclosure Ban
Salary Disclosure Ban
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Pay Equity Impact
Pay Equity Impact
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Employers Affected by Act
Employers Affected by Act
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Male Leadership Stereotypes
Male Leadership Stereotypes
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Gender Characteristics in Leadership
Gender Characteristics in Leadership
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Negative Person Pay Effects
Negative Person Pay Effects
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Protected Employee Inquiries
Protected Employee Inquiries
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Pay Transparency Reporting
Pay Transparency Reporting
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Job Advertising Methods
Job Advertising Methods
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Ethnic Status Quo
Ethnic Status Quo
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Contents of Job Advertisements
Contents of Job Advertisements
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Informal Hiring Risks
Informal Hiring Risks
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Grounds of Discrimination
Grounds of Discrimination
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Prohibited Grounds in Alberta
Prohibited Grounds in Alberta
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Exemptions in BC Code
Exemptions in BC Code
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Unequal Treatment Based on Appearance
Unequal Treatment Based on Appearance
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Fitness Club Employment Example
Fitness Club Employment Example
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Unique Discrimination Grounds in Quebec
Unique Discrimination Grounds in Quebec
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Discrimination Grounds in BC
Discrimination Grounds in BC
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Marital Status Discrimination
Marital Status Discrimination
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Employment Discrimination
Employment Discrimination
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Subtle Discrimination
Subtle Discrimination
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Documentation in Hiring
Documentation in Hiring
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BFOR Analysis
BFOR Analysis
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Reporting Employers
Reporting Employers
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Negative Pay Effects
Negative Pay Effects
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Sunshine Village v Boehnisch
Sunshine Village v Boehnisch
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Injury to Dignity Awards
Injury to Dignity Awards
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BC Tribunal's Ruling in 2021
BC Tribunal's Ruling in 2021
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University of British Columbia v Kelly
University of British Columbia v Kelly
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Araniva v RSY Contracting
Araniva v RSY Contracting
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Francis v BC Ministry of Justice
Francis v BC Ministry of Justice
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Trends in Damages Awards
Trends in Damages Awards
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Compensation for Discrimination
Compensation for Discrimination
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Historical Context of Awards
Historical Context of Awards
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BC Human Rights Tribunal
BC Human Rights Tribunal
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Human Rights Legislation in BC
Human Rights Legislation in BC
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Scope of Human Rights Law
Scope of Human Rights Law
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Public Education Requirement
Public Education Requirement
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Changes to Alberta's Human Rights Act
Changes to Alberta's Human Rights Act
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BC Code Updates
BC Code Updates
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Alberta vs. BC Human Rights Frameworks
Alberta vs. BC Human Rights Frameworks
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Employment Equity Program
Employment Equity Program
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Human Rights Complaint Process
Human Rights Complaint Process
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Jurisdiction in Complaints
Jurisdiction in Complaints
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Dispute Settlement Attempt
Dispute Settlement Attempt
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Statutory Timeline
Statutory Timeline
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Screening of Complaints
Screening of Complaints
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Bona Fide Requirement
Bona Fide Requirement
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Complaint Dismissal
Complaint Dismissal
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Mediation in Human Rights
Mediation in Human Rights
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First Nations Employment
First Nations Employment
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Case Management Meeting
Case Management Meeting
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Hearing Panel
Hearing Panel
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Oral Decision
Oral Decision
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Reconsideration Application
Reconsideration Application
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Collective Agreement Grievance
Collective Agreement Grievance
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Reprisal Protection
Reprisal Protection
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Vexatious Complaints
Vexatious Complaints
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Prohibited Discrimination Grounds
Prohibited Discrimination Grounds
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Complaint Filing Limits
Complaint Filing Limits
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Diversity in Succession Planning
Diversity in Succession Planning
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Leadership Seminars
Leadership Seminars
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Paid Internship Programs
Paid Internship Programs
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Bias-Free Interviewing
Bias-Free Interviewing
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Retaliation Consequences
Retaliation Consequences
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Designated Groups Retention
Designated Groups Retention
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Study Notes
Learning Outcomes
- Explain discrimination under the British Columbia Human Rights Code and the Alberta Human Rights Act.
- Identify features of these statutes, including prohibited grounds and areas of discrimination.
- Understand the distinction between equal pay for equal work and employment equity.
- Outline remedies available to complainants.
- State human rights requirements during hiring (job ads, applications, interviews).
- Understand issues raised by pre-employment testing, including medical and drug/alcohol testing.
- Understand implications of human rights legislation during employment, including the duty to accommodate disability, religion, sex, and family status.
Human Rights Issues in Hiring
- Discrimination was once legal in some Canadian areas.
- Human rights legislation prohibits discrimination in employment, services, and accommodation.
- Human rights laws pertain to workplace decisions (hiring, training, promotion, etc.).
- Human rights legislation applies to both private and public sectors.
Discrimination and Complaints
- Provincial human rights statutes apply to individuals and corporations.
- Discrimination may be direct or indirect (unintentional).
- A three-part test for establishing discrimination:
- A protected characteristic exists.
- An adverse impact occurred.
- The protected characteristic was a factor in the adverse impact.
- Employers must justify policies, practices, or conduct if challenged.
Key Features of Human Rights Legislation
- Applies to private and public sectors; unlike the Charter, its application is not solely for government actions.
- Prohibits discrimination on several grounds (race, religion, gender, disability, etc.), though specific grounds may vary slightly between Alberta and British Columbia.
What Constitutes Discrimination
- Discrimination is not explicitly defined in the Alberta Act or BC Code.
- Courts interpret its meaning.
- Direct (or intentional) discrimination is easier to identify than indirect (unintentional) discrimination.
- The courts have established a three-part test for discrimination.
Systemic Discrimination
- A complex and subtle form of indirect discrimination.
- Refers to employer policies/practices seemingly neutral but having a discriminatory effect.
- Often evidenced through numerical data showing disparities.
Overview of Alberta and BC Legislation
- Alberta Act and BC Code have similar, yet not identical grounds for prohibiting discrimination in employment.
- Both statutes are remedial—intended to rectify societal wrongs, not merely allocate blame.
- Interpretation strongly favors employees in ambiguities.
- Remedies in human rights tribunals include altering policies, compensation, or declaratory orders, but do not usually include criminal penalties.
Prohibited Grounds of Discrimination (Employment)
- The Alberta Act and BC Code list various prohibited grounds for discrimination (e.g., race, religion, disability, gender identity, sexual orientation).
- Discrimination based on protected grounds is prohibited, even if unintentional.
- Age, ancestry, colour, gender, gender expression, gender identity, marital status, place of origin, political belief, race, religion, sex, sexual orientation, source of income, physical/mental disability, are examples of protected grounds. These can sometimes overlap (e.g., source of income relating to prejudice).
Other Covered Areas
- Publications and notices.
- Goods, services, accommodation, housing, and facilities.
- Tenancies in certain provinces
- Employment practices including pay equity and advertising.
Bona Fide Occupational Requirements (BFORs)
- Allow discrimination if directly related to essential job duties.
- Employers must demonstrate a rational connection between the requirement and job duties.
- Must prove accommodation is impossible without "undue hardship" for a particular employer.
Age Discrimination
- The law regarding age discrimination is complex.
- Provincial laws vary regarding age-based discrimination; some do not prohibit age limits, but might allow certain age-based limitations as a justified BFOR.
- In certain circumstances age limits might be seen as justifiable BFOR (e.g., limitations on work capacity).
Marital Status
- Marital status includes marriage, being single, widowed, divorced, separated, or in a conjugal relationship outside of marriage.
- It's relevant to employment benefits, pensions, and survivor benefits.
Other Discrimination Grounds
- Other prohibited grounds for discrimination include source of income, ancestry, place of origin, sexual orientation, gender identity, gender expression, political beliefs.
Criminal Record
- Some jurisdictions do not prohibit employers from considering criminal records in hiring decisions, unless directly related to an employer's obligations or potential conflicts.
Equal Pay for Equal Work
- Employees performing the same or substantially similar work must receive equivalent pay.
- Employers cannot reduce one employee's pay to meet equal pay requirements.
Equal Pay for Work of Equal Value
- This compares the value of different jobs, not just similarity of tasks. Provincial and territorial legislation may vary, with some jurisdictions protecting this concept.
Employment Equity
- Employment equity addresses unequal representation of designated groups in workplaces.
- It's distinct from pay equity, focusing on equal pay for similar work.
Types of Discrimination
- Systemic discrimination refers to discriminatory policies/practices within an organization.
- Harassment, including sexual harassment, is prohibited.
Human Rights Issues in Recruitment, Selection, and Hiring
- Employers should ensure job descriptions accurately reflect requirements.
- Essential job duties should be distinguished from preferences.
- Questions on application forms should not inquire about protected characteristics unless justified by a bona fide occupational requirement (BFOR).
Job Interviews
- Interviewers should avoid questions relating to protected characteristics unless justified by a bona fide occupational requirement (BFOR).
- Employers have a duty to accommodate disabilities throughout selection procedures.
Pre-employment Medical and Drug/Alcohol Testing
- Generally, medical and drug/alcohol tests should only occur after a conditional offer of employment.
- Tests must be directly related to essential job functions.
- Random testing is more restricted and requires justification via Bona Fide Occupational Requirement (BFOR).
Employer's Duty to Accommodate
- Employers have a duty to accommodate employees with disabilities, religion, sex, family status, and other protected statuses, to avoid discrimination.
- The duty is met with reasonable measures, unless causing undue hardship.
- Financial costs, disruption of operations, and morale problems are factors in assessing undue hardship.
Workplace Harassment
- Unwelcome conduct of a sexual nature with adverse job-related consequences constitute harassment.
- Conduct that is perceived as unwelcome by a reasonable person is harassment.
- Verbal or physical abuse, threats, derogatory remarks, jokes, or taunts are considered harassment.
- Employers must establish clear policies on harassment, train employees, and respond appropriately to complaints.
Special (Affirmative Action) Programs
- In some jurisdictions, employers can implement special programs to address historic disadvantages of individuals based on protected characteristics.
Employment Equity
- Employment equity aims for equal participation of designated groups in all aspects of workplaces (not just pay).
Discrimination Through Reprisal
- Employers cannot retaliate against employees for raising or participating in human rights complaints.
- Frivolous or malicious complaints are not protected.
Competing Accommodation Claims
- Employers face balancing multiple competing claims of employees regarding their rights to be accommodated.
- Tribunals consider the extent of interference and the reasonableness of accommodation requests in upholding the rights of all employees.
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