Law Charter Stuff Flashcards
What is the duty to accommodate?
Employers must take reasonable steps to accommodate a person’s needs unless it causes undue hardship.
What is “undue hardship”?
A limit to the duty to accommodate, based on excessive cost or health and safety risks.
What are the three elements of a prima facie discrimination case?
Protected characteristic, (2) Adverse impact, (3) Link between the two.
What happens at the “mediation” stage of a human rights complaint?
Both parties attempt to settle the complaint with the help of a mediator.
What section of the Charter guarantees fundamental freedoms?
Section 2 – covers freedoms of religion, expression, assembly, and association.
What legal rights does Section 7 of the Charter protect?
Life, liberty, and security of the person.
What is the purpose of the “conciliation” stage in a human rights complaint?
It encourages settlement after investigation but before a hearing.
What are some reasons a human rights complaint can be dismissed?
Lack of evidence, bad faith, jurisdictional issues, or if the matter has been resolved elsewhere.
What rights does Section 15 of the Charter protect?
Equality before and under the law without discrimination based on race, gender, disability, etc
What remedy might be appropriate in a discrimination case like Fowzia’s?
Compensation for lost wages and injury to dignity, and anti-racism training at the workplace.