Ch 5*vanessa *Done* Flashcards
Discrimination Definition
Intentional act of exclusion, may be Direct discrimination or indirect.
Adverse impact discrimination
unintentional discrimination that has an adverse effect on members of certain groups (also known as Constructive Discrimination)
Meiorin test to determine when to discriminatory rule is justifiable:
- Demonstrate that a rational connection exists between the purpose for which the standard was introduced and the objective requirements of the job
- Demonstrate that the standard was adopted in an honest and good faith belief that it was necessary for the performance of the job
- Establish that the standard was reasonably necessary to accomplish that legitimate work related purpose, to establish this the employer must show that it was impossible to accommodate employees who share the characteristics of the claimant without imposing undue hardship on itself
Factors to consider when assessing whether the duty to accommodate has been met:
- Did the employer investigate alternative approaches that do not have a discriminatory effect, such as individual testing?
- Were the valid reasons why alternative approaches were not implemented? What where they?
- Can the workplace accommodate different standards that reflect group or individual differences and capabilities?
- Can legitimate workplace objectives be met in a less discriminatory manner?
- Does the standard ensure that the desired qualifications is met without placing an undue burden on those whom it applies?
- Have other parties who are obliged to assist in the search for accommodation fulfilled the roles?
Undue Hardship
A defence available to an employer if it can prove that fulfilling the duty to accommodate would impose an excessive burden on it based on a number of factors, including financial cost and safety.
Other factors which undue hardship is based on:
- Financial costs
- Size and resources of the employer
- Disruption of operations
- Morale problems of other employees
- Substantial interference with the rights of other individuals or groups
- Interchangeability of workforce and facilities
- Health and safety concerns
Accommodation Requests Definition
Tailoring the workplace to meet the needs of the individual employee
It is in the responsibility of both parties to make sure the needs of accommodation is heard and met. (employer, employee, and union of the responsibility)
Three factors that accommodation requests involve
- Individualism - each person needs a unique solution
- Dignity - must be accommodated in a matter that respects their dignity including privacy, confidentiality, comfort, and autonomy
- Inclusion - must be design with everyone in mind
Types of Accommodation
- Accommodating employees with disabilities
- Accommodating employees’ religious beliefs and practices
- Accommodating employees pregnancy and breast feeding needs
- Accommodating employee’s family status
- Accommodating employees’ Age
Harrassment
Not defined in the legislation, but prohibited if associated with a protected ground
Examples of prohibited behavior include:
Threats, derogatory, remarks, the display of pornographic, racist, unwelcome gestures etc
How to investigate harassment complaints
• Take allegations seriously, promptly , thoroughly, and fair to both parties
How to determine whether harassment has occurred
the standard objective:
would a reasonable person think the conduct or comment was inappropriate?
Employer Liability for Human Rights Violations:
Employer is vicariously liable for the discriminatory acts of its agents and employees in the workplace . The employer is directly liable for the actions of management
an employer may avoid liability for harassment by non managerial employees, if the employer …?
- can show that it was unaware that harassment was occurring
- Was diligent in preventing it
- And responded appropriately to it once aware
