Scenario 6 Flashcards
Yalini is a senior employee at ElickTrons Inc. She has always been exceptionally good at her job and a model employee. Last year, Yalini was diagnosed with a mental illness, and although she has not experienced any functional limitations to date, she wants to know what her benefits package includes just in case. Yalini approaches Margot, the company’s HR manager, to seek assistance. Margot tells Yalini that the company is currently changing its employment benefits package and will communicate the changes to the staff the next week. At that time, the employees will need to sign an acknowledgement of the new package. Upon receiving and reviewing the new benefits package, Yalini notices discrepancies between the benefits afforded to employees suffering from physical illnesses and those suffering from mental illnesses. Specifically, while employees with mental illnesses initially receive the same benefits, those benefits cease much sooner than benefits for physical conditions, irrespective of whether the employees have returned to work. Yalini realizes that if she is ever unable to work due to her illness, she would receive fewer benefits and for a shorter period than her co-workers with physical illnesses. She decides to file a claim of discrimination against her employer. When ElickTrons hears of Yalini’s impending legal action, Margot is asked to start preparing a defence to the claim. Which protected ground would Yalini likely cite in her claim of discrimination? a) Discrimination based on disability. b) Discrimination based on inequity. c) Discrimination based on inequality.
The answer is a. Discrimination based on disability. Functional Area: B1 Rationale(s): A is correct. Yalini is likely to argue, and succeed in her case, by citing discrimination on the basis of disability, as there is inequality in the distribution of employment benefits. B is incorrect. Inequity of benefits is a result of discrimination C is incorrect. This is a result of discrimination and not a protected ground listed under the Code. Reference(s): Unit 10: Tackling Discrimination in the Workplace, Module 3: Discrimination Based on a Disability. Human Rights Code, R.S.O. 1990, c. H.19, s. 1. Canadian Human Rights Reporter: “Limitation of Benefits to the Mentally Disabled Discriminatory” (http://www.cdn-hr-reporter.ca/hr_topics/interpretation-statutes/limitation-benefits-mentally-disabled-discriminatory).
Yalini is a senior employee at ElickTrons Inc. She has always been exceptionally good at her job and a model employee. Last year, Yalini was diagnosed with a mental illness, and although she has not experienced any functional limitations to date, she wants to know what her benefits package includes just in case. Yalini approaches Margot, the company’s HR manager, to seek assistance. Margot tells Yalini that the company is currently changing its employment benefits package and will communicate the changes to the staff the next week. At that time, the employees will need to sign an acknowledgement of the new package. Upon receiving and reviewing the new benefits package, Yalini notices discrepancies between the benefits afforded to employees suffering from physical illnesses and those suffering from mental illnesses. Specifically, while employees with mental illnesses initially receive the same benefits, those benefits cease much sooner than benefits for physical conditions, irrespective of whether the employees have returned to work. Yalini realizes that if she is ever unable to work due to her illness, she would receive fewer benefits and for a shorter period than her co-workers with physical illnesses. She decides to file a claim of discrimination against her employer. When ElickTrons hears of Yalini’s impending legal action, Margot is asked to start preparing a defence to the claim. For ElickTrons, which of the following arguments would form the best defence against Yalini’s claim? a) The severity of an employee’s illness or disability should dictate the amount of benefits the employee receives. b) Benefits are not the only support an employer can offer, and the employer’s accommodation policies may compensate for the difference in the benefits package. c) Yalini consented to the amount of entitled benefits when she signed and accepted the new benefits package.
The answer is b. Benefits are not the only support an employer can offer, and the employer’s accommodation policies may compensate for the difference in the benefits package. Functional Area: B1 Rationale(s): A is incorrect. This argument actually supports Yalini’s claim, as there exists an unequal distribution of benefits. B is correct. If the employer can show that they provide additional accommodations for mental illnesses that match those provided for physical disabilities then this is at least a partial defence to the claim of discrimination. C is incorrect. This argument does not deny the fact that there is a framework for unequal distribution of benefits among employees suffering illnesses and disabilities. Reference(s): Unit 10: Tackling Discrimination in the Workplace, Module 3: Discrimination Based on a Disability. Human Rights Code, R.S.O. 1990, c. H.19, s. 25.
Yalini is a senior employee at ElickTrons Inc. She has always been exceptionally good at her job and a model employee. Last year, Yalini was diagnosed with a mental illness, and although she has not experienced any functional limitations to date, she wants to know what her benefits package includes just in case. Yalini approaches Margot, the company’s HR manager, to seek assistance. Margot tells Yalini that the company is currently changing its employment benefits package and will communicate the changes to the staff the next week. At that time, the employees will need to sign an acknowledgement of the new package. Upon receiving and reviewing the new benefits package, Yalini notices discrepancies between the benefits afforded to employees suffering from physical illnesses and those suffering from mental illnesses. Specifically, while employees with mental illnesses initially receive the same benefits, those benefits cease much sooner than benefits for physical conditions, irrespective of whether the employees have returned to work. Yalini realizes that if she is ever unable to work due to her illness, she would receive fewer benefits and for a shorter period than her co-workers with physical illnesses. She decides to file a claim of discrimination against her employer. When ElickTrons hears of Yalini’s impending legal action, Margot is asked to start preparing a defence to the claim. Which of the following statements is true about ElickTrons’ new benefits package? a) The package achieves due diligence since all employees received the same benefits at the time of signing. b) The package does not sufficiently consider protection from harm of future disability. c) The insurer, and not the employer, is responsible for determining how the benefits are distributed.
The answer is b. The package does not sufficiently consider protection from harm of future disability. Functional Area: B1 Rationale(s): A is incorrect. Due diligence has in fact not been achieved, as the policy is inherently discriminatory. B is correct. The new benefits package does not offer all employees the same protection from harm of future disability. C is incorrect. The employee benefits package is considered part of an employee’s compensation package, and the employer is obligated to ensure that it is non-discriminatory. Reference(s): Unit 10: Tackling Discrimination in the Workplace, Module 3: Discrimination Based on a Disability. Human Rights Code, R.S.O. 1990, c. H.19, s. 25.
Yalini is a senior employee at ElickTrons Inc. She has always been exceptionally good at her job and a model employee. Last year, Yalini was diagnosed with a mental illness, and although she has not experienced any functional limitations to date, she wants to know what her benefits package includes just in case. Yalini approaches Margot, the company’s HR manager, to seek assistance. Margot tells Yalini that the company is currently changing its employment benefits package and will communicate the changes to the staff the next week. At that time, the employees will need to sign an acknowledgement of the new package. Upon receiving and reviewing the new benefits package, Yalini notices discrepancies between the benefits afforded to employees suffering from physical illnesses and those suffering from mental illnesses. Specifically, while employees with mental illnesses initially receive the same benefits, those benefits cease much sooner than benefits for physical conditions, irrespective of whether the employees have returned to work. Yalini realizes that if she is ever unable to work due to her illness, she would receive fewer benefits and for a shorter period than her co-workers with physical illnesses. She decides to file a claim of discrimination against her employer. When ElickTrons hears of Yalini’s impending legal action, Margot is asked to start preparing a defence to the claim. If found to be discriminatory, which category of discrimination would apply to the benefits policy? a) Constructive discrimination b) Intentional discrimination c) Direct discrimination
The answer is a. Constructive discrimination Functional Area: B1 Rationale(s): A is correct. The policy is considered constructive discrimination as it appeared to be advantageous to all employees upon implementation. B is incorrect. The employer’s intent was not to discriminate against employees suffering physical disabilities and employees suffering mental illnesses. C is incorrect. The policy does not explicitly set out to discriminate against employees in the workplace. Reference(s): Unit 10: Tackling Discrimination in the Workplace, Module 3: Discrimination Based on a Disability. Human Rights Code, R.S.O. 1990, c. H.19, s. 25. Filsinger, 2015, pp. 123, 159. PEI Human Rights Commission: “Intentional vs. Unintentional Discrimination” (http://www.gov.pe.ca/humanrights/index.php3?number=1043554&lang=E).
