L5: Human Rights Flashcards
what kind of rights are involved here?
private
- access to facilities (disability)
- rights in private sector
- not dicriminated against when seeking lodging
- not discriminated against based on religion
what does human rights legislation protect?
individuals’ rights in the private sector
two acts re: human rights legislation?
- Canadian Human Rights Act : federally regulated sectors
2. Alberta Human Rights Act: all sectors not federally regulated
what does human rights legislation ensure access to?
what does it prohibit?
access to employment, facilities, services, accommodation, tenancies w/o discrimination
prohibits hate messages + discriminatory publications
Alberta Human Rights Act protects albertans against discrimination but only: …?
in certain protected areas
on certain prohibited grounds
ex: if there’s merit to claim
first half vs second half of AHRA?
1st: protections - sections 3-9
2nd: complaint + decision-making process -
5 protected areas?
- publications, notices
- goods, services, facilities
- tenancy
- employment
- membership in trade unions professional organizations
summary of prohibited grounds in AHRA
15 grounds: compared to 10 in Charter
race, religious beliefs, colour, gender, gender identity/expression, physical/mental disability, marital/family status, age (except those under 18, minors, seniors), ancestry, place of origin, source of income, sexual orientation
what is the duty to accommodate?
not discriminating = duty to take reasonable steps to accommodate individuals with respect to prohibited grounds.
what are the two exceptions to the duty to accommodate?
- not required to accommodate if will incur SUBSTANTIAL UNDUE HARDSHIP
- no accommodation if don’t meet bona fide occupational requirements (BFOR)
when is discrimination permitted?
if reasonable and justifiable as per either of the exceptions.
what are affirmative action programs?
any profession/job where there is a tradition of gender/racial imbalance is allowed to give preferential treatment/consideration to the minority
-balance out pre-existing racial/gender imbalance
protection from harrassment
legislation protects from harrassment in workplace based on any of the protected grounds.
- if harrassment is committed by employee, the employer can be held responsible if failed to take adequate steps to protect/prevent.
what is the Human Rights Commission?
- what do they do?
- what are they entitled to?
administrative board, part of executive branch
- create enabling legislation
- promote equality
- can make laws/bylaws
- Can award damages
summary of human rights complaint process
complaint (filed + served) - within 12 months
- response (filed + served) within 21 days
- conciliation (attempt to settle)
- investigation (if no settlement)
- then: dismiss (no merit), discontinue (if fair settlement rejected by complainant)
- or: report + refer to human rights panel (quasi-court/trial)
