Grounds of Discrimination Law 12 Chapter 5

Everyone has a right to “equal treatment with respect to employment” in the Job application process Training Transfers Promotion Apprenticeship Dismissal And layoff Employment

Exceptions Under the Law Certain action are not considered discriminatory, if they are “reasonable and justifiable” under the circumstances Bona fide occupational requirement: a qualification that would normally be considered discriminatory but is necessary for proper or efficient job performance. Truck driver having a driver’s licence Affirmative action: giving advantages to groups who have been discriminated against in the past. Hiring a women for a security guard Exceptions Under the Law

Constructive and Direct Discrimination Constructive discrimination: employment policies that inadvertently exclude certain individuals. Police having a height restriction resulted in exclusion of women and many minority groups. Question: Is the militaries height restriction for a fighter pilot a constructive discrimination? Constructive and Direct Discrimination

Direct discrimination: refers to discrimination that is practised openly Employers have a legal duty to accommodate an employee’s needs, but not incur undue hardship Accommodate: eliminate or adjust requirements or conditions to enable a person to carry out the essential duties of an activity or job Undue hardship: the result of a change that would affect the economic viability of an enterprise or produce a substantial health and safety risk.

Harassment in the Workplace Everyone has the right to be free from experiencing humiliating or annoying behaviour. Racial Sexual Religious slurs Harassment: persistent behaviour that violates the human rights of the victim Sexual harassment: unwelcome sexual contact, remarks, leering, demands for dates, sexual favours, and displays of sexually offensive pictures or graffiti Harassment in the Workplace

Poisoned environment: an uncomfortable or disturbing atmosphere created by the negative comments or behaviour of others

Accommodation and Facilities Accommodation: the place where people live or want to live All people have the right to equal treatment in accommodation Facilities: areas or buildings designated for public use Everyone has the right “ to equal treatment with respect to services, goods and facilities…” Therefore the meeting of special needs of individuals to prevent undue hardships Accommodation and Facilities