Scenario W Flashcards
Frankie works at Next DVR, a large software development company based in Waterloo, Ontario. Over the past few months, Frankie has experienced significant changes in life that he believes will eventually affect his professional life. After much thought, Frankie decides to speak with his employer and approaches Luke, the company’s HR director. Frankie tells Luke that he is a trans man going through transition. Frankie expresses concerns about safety and inclusion in the workplace as a result of his transition. Luke provides Frankie with assurance that the workplace will be inclusive and free of harassment and discrimination. What are Next DVR’s obligations in regard to ensuring a harassment-free working environment for Frankie? a) While the employer has certain obligations, it cannot demand that other employees respect Frankie’s transition. b) Irrespective of other employees’ beliefs, it is the employer’s obligation to ensure a harassment-free working environment. c) The obligation to ensure a harassment-free working environment is triggered only once it is established that the actions of other employees have a negative effect.
The answer is b. Irrespective of other employees’ beliefs, it is the employer’s obligation to ensure a harassment-free working environment. Functional Area: B1 Rationale(s): B is correct. Irrespective of other employees’ beliefs, it is the employer’s obligation to ensure a harassment-free working environment. A is incorrect. The employer should review current policies to ensure a harassment-free working environment. For example, inform all employees of what constitutes respectful behaviour and of the various forms of discrimination that are prohibited in the workplace. C is incorrect. The employer should remain proactive in fostering a positive and accepting working environment for all employees, regardless of gender, sexuality, race, etc. Reference(s): Unit 10: Tackling Discrimination in the Workplace, Module 2: Discrimination Based on Gender Expression and Gender Identity Human Rights Code, R.S.O. 1990, c. H.19, s. 2.y
Frankie works at Next DVR, a large software development company based in Waterloo, Ontario. Over the past few months, Frankie has experienced significant changes in life that he believes will eventually affect his professional life. After much thought, Frankie decides to speak with his employer and approaches Luke, the company’s HR director. Frankie tells Luke that he is a trans man going through transition. Frankie expresses concerns about safety and inclusion in the workplace as a result of his transition. Luke provides Frankie with assurance that the workplace will be inclusive and free of harassment and discrimination. Which of the following actions by Next DVR best supports the assurance Luke provided to Frankie? a) Next DVR has looked at barriers to gender expression and gender identity in the workplace and has developed policies and procedures and training for employees. b) Next DVR hires only individuals who respect and understand the need for an inclusive and harassment-free working environment. c) Next DVR conducted an employee survey on inclusivity and safe working environment and the ratings were excellent.
The answer is a. Next DVR has looked at barriers to gender expression and gender identity in the workplace and has developed policies and procedures and training for employees. Functional Area: B1 Rationale(s): A is correct. These are actions that greatly support inclusion and a harassment-free workplace. They also ensure Frankie is treated with dignity and respect and enjoys equal rights and freedom from discrimination. B is incorrect. An employer must formalize and actively ensure measures are in place in the workplace, such as employee training, policies and procedures, to provide a safe and inclusive workplace. C is incorrect. A survey of this nature is not the best indicator of Next DVR’s ability to provide an environment free of harassment and discrimination. Creating policies, procedures, and training to employees are actions that ensure a safe and inclusive working environment. Reference(s): Unit 10: Tackling Discrimination in the Workplace, Module 2: Discrimination Based on Gender Expression and Gender Identity Human Rights Code, R.S.O. 1990, c. H.19, s. 2.y
Frankie works at Next DVR, a large software development company based in Waterloo, Ontario. Over the past few months, Frankie has experienced significant changes in life that he believes will eventually affect his professional life. After much thought, Frankie decides to speak with his employer and approaches Luke, the company’s HR director. Frankie tells Luke that he is a trans man going through transition. Frankie expresses concerns about safety and inclusion in the workplace as a result of his transition. Luke provides Frankie with assurance that the workplace will be inclusive and free of harassment and discrimination. In terms of supporting medical documentation of Frankie’s transition, what right does Next DVR have and why? a) Next DVR can ask for medical documentation as employers are entitled to documentation for any form of accommodation requests. b) Under no circumstances that Next DVR can ask for supporting documentation in Frankie’s case as it is an invasion of Frankie’s privacy. c) Next DVR cannot ask for supporting medical document for providing inclusive and harassment-free working environment to employees.
The answer is c. Next DVR cannot ask for supporting medical document for providing inclusive and harassment-free working environment to employees. Functional Area: B1 Rationale(s): A is incorrect. Unless time off or leave is requested, Frankie is not obligated to provide such information at any stage of his transition. B is incorrect. Frankie has already shared information of his transition with the employer. Companies are legally required to provide inclusive and harassment-free environment for all employees. C is correct. It is not appropriate to ask for medical documentation for Frankie’s current request may amount to discrimination. If Frankie requires time off, or leave, to undergo a medical procedure related to the transition, the employer may ask for medical document in support of the request. Reference(s): Unit 10: Tackling Discrimination in the Workplace, Module 2: Discrimination Based on Gender Expression and Gender Identity Human Rights Code, R.S.O. 1990, c. H.19, s. 2.y Mondaq: M.A. Mitchell, “Canada: Gender Identity in the Workplace: An Overview of the Rights of Transgendered Employees in Canada” (June 19, 2014), http://www.mondaq.com/canada/x/321716/employee+rights+labour+relations/Gender+Identity+In+The+Workplace+An+Overview+Of+The+Rights+Of+Transgendered+Employees+In+Canad)
Frankie works at Next DVR, a large software development company based in Waterloo, Ontario. Over the past few months, Frankie has experienced significant changes in life that he believes will eventually affect his professional life. After much thought, Frankie decides to speak with his employer and approaches Luke, the company’s HR director. Frankie tells Luke that he is a trans man going through transition. Frankie expresses concerns about safety and inclusion in the workplace as a result of his transition. Luke provides Frankie with assurance that the workplace will be inclusive and free of harassment and discrimination. Sometime later, Luke discovers that internal company communications and personnel records have not been appropriately updated to reflect Frankie’s transition. What action should Luke take to address this? a) Luke should inform the employer that the company must ensure changes are made to all documents and communications to reflect Frankie’s identity. b) Luke should inform the employer that changes should at least be made in direct communications between the company and Frankie. c) Nothing, as no action is required unless Frankie makes a formal request to update the records.
The answer is a. Luke should inform the employer that the company must ensure changes are made to all documents and communications to reflect Frankie’s identity. Functional Area: B1 Rationale(s): A is correct. All internal communications and documents should reflect Frankie’s identity in compliance with the employer’s statutory obligations. B is incorrect. This suggestion would reflect negatively on Next DVR if Frankie discovers changes were not made to communications to other employees, and may still amount to discrimination. C is incorrect. Next DVR should be proactive with changes to internal policies and procedures, if not already implemented. Reference(s): Unit 10: Tackling Discrimination in the Workplace, Module 2: Discrimination Based on Gender Expression and Gender Identity Human Rights Code, R.S.O. 1990, c. H.19, s. 2.y
Frankie works at Next DVR, a large software development company based in Waterloo, Ontario. Over the past few months, Frankie has experienced significant changes in life that he believes will eventually affect his professional life. After much thought, Frankie decides to speak with his employer and approaches Luke, the company’s HR director. Frankie tells Luke that he is a trans man going through transition. Frankie expresses concerns about safety and inclusion in the workplace as a result of his transition. Luke provides Frankie with assurance that the workplace will be inclusive and free of harassment and discrimination. Senior management at Next DVR is reluctant to make any policy changes and suggests that Frankie is expressing himself as a particular gender, rather than identifying with that gender. How should Luke respond to this suggestion? a) Inform management that the two concepts are the same. b) Inform management that gender identity and gender expression are each separately protected grounds. c) Support management’s position since it provides sufficient basis to reject any accommodations Frankie may request
The answer is b. Inform management that gender identity and gender expression are each separately protected grounds. Functional Area: B1 Rationale(s): A is incorrect. The two concepts are not, by definition, the same and should be treated differently. B is correct. The Human Rights Code does, in fact, prohibit discrimination on both gender identity and gender expression grounds. C is incorrect. Considering gender expression is also a prohibited ground under the Code, management’s assessment is incorrect. The employer must provide accommodations to the point of undue hardship. Reference(s): Unit 10: Tackling Discrimination in the Workplace, Module 2: Discrimination Based on Gender Expression and Gender Identity Human Rights Code, R.S.O. 1990, c. H.19, s. 2.y OHRC, “Gender identity and gender expression” (http://www.ohrc.on.ca/en/code_grounds/gender_identity). OHRC, “Policy on preventing discrimination because of gender identity and gender expression: 8. The duty to accommodate” (http://www.ohrc.on.ca/en/policy-preventing-discrimination-because-gender-identity-and-gender-expression/8-duty-accommodate)
