Module 8- Human Rights Flashcards
What is the purpose of the human rights legislation?
to protect people against discrimination! Discrimination is treating someone differently based on their personal characteristics
Sources of the human rights legislation are?
charter of rights and freedoms
alberta human rights act
What’s the purpose of the Human Rights and the Charter or Rights and Freedoms?
Protects human rights when an individual is dealing with the government
Human rights and the Alberta Human Rights Act?
protects human rights in the private sector
But this act prohibits discrimination in certain areas and on certain grounds ( protected areas and protected grounds)
Protected Areas
- Public statements, publications, notices and signs.
- Public goods, services and accommodation
- Tenancy
- Employment practices
- Memberships in a trade union or occupational association
Protected Grounds
- Race
- Religion
- Colour
- Gender
- Physical or mental disability
- Marital Status
- Ancestry
- Place of Origin
- Family status
- Source of income
- Age
- Sexual Orientation
What are the exceptions to protected area and grounds?
- GOODS, SERVICES, FACILITIES and ACCOMMODATIONS
- age
- facilities or services not customarily available to the public
- TENANCY
- age. have to be over 18 to rent
- EMPLOYMENT
- Bona Fide occupational requirement (BFOR)
What is the “Duty To Accommodate”?
The law requires a business to try and accomodate the needs of their employees and customers to make sure there is no discrimination
Goes to the point of undue hardship
What is Undue Hardship?
Factors are :
- Cost
- Disruption to the business
- Size of the business
- Safety issues
What is Workplace Harassment?
-unwanted physical or verbal conduct that offends or humiliated the victim and detrimentally affects the work environment. Includes:
threats
remarks
jokes about race, religion, sex, disability, age
displaying sexist racist or offensive pictures.
Harassment Policy
The purpose is to protect the employee from harassment.
Policy contents:
- Definition of harassment
- Absolute prohibition- best to say any harassment is absolutely forbidden so that in court you’re covered.
- Complaints procedure- give your employees steps to take to report harassment, letting them know who they can tell. Make sure its easy for people to speak up so that in court your argument is valid.
-Consequences
Where are Human Rights Complaints filed?
It usually starts with Human Resources but can go up to court
What are the penalties for harassment under the Alberta Human Rights Act
If the complaint is valid, the commission can order the offender to:
- stop its practices
- hire a particular individual
- pay monetary compensation
- write a letter of apology
- attend an educational seminar on the human rights law
Can the employER be held responsible for harassment of one employEE by another?
Yes!!! Vicarious Liability
Time limitation for Human Rights complaints to be filed?
1 year
