Human Rights Issues Flashcards
What kind of a civil wrong do human rights violations fall under?
Statutory wrongs.
Explain “discrimination”.
Where a rule has a negative impact on a protected group or individual, the employer must accommodate them up to the point of undue hardship. It is the result of the rule, NOT the intent that counts in court.
Name two kinds of discrimination.
- Direct discrimination
2. Adverse-impact/constructive discrimination
What is the name of the test to determine if a discriminatory rule is justifiable?
The Meiorin test
An employer has the burden of proof to prove that a discriminatory rule or policy is a BFOR if it can pass these three questions in the Meiorin test.
- The rule or policy is rationally connected to performance of the job.
- The rule was imposed in good faith.
- The rule is reasonably necessary to accomplish a legitimate work-related purpose and is impossible to accommodate without undue hardship
In the Meiorin case, which of the three questions to determine whether a discriminatory rule is a BFOR, was the employer unable to prove?
The third. It was unable to prove that the aerobic standard was reasonably necessary for a forest fire-fighter to perform the job or that the accommodation was impossible without undue hardship.
What objective questions must you ask in order to determine whether harassment has occurred?
Would a reasonable person think the comment or conduct was inappropriate?
What are the three ways that managers can avoid liability for non-managerial harassment?
- It was unaware that harassment was occurring
- It was diligent in preventing it
- It responded appropriately to it, once aware
What is one thing that the Human Rights Tribunal do that courts cannot?
Reinstatements.
Name some factors that can afford “undue hardship”?
- Financial costs
- Size of the employer
- Disruption of operations
