+ Ground for Discrimination

+ Employment Exceptions There are times when issues that we would typically consider discrimination are actually not if they are considered “reasonable and justifiable”. Bona Fide Occupational Requirement – in cases when specific skills are needed to complete a job. Affirmative Action – gives advantages to groups who have been discriminated against in the past. Often practiced in certain communities that wish to limit employment to members of their community. When there are two equally qualified people priority will/may be given to the applicant who is a member of a historically disadvantaged group.

+ Constructive and Direct Discrimination Constructive Discrimination – employment policies that inadvertently exclude certain individuals. More difficult to detect than direct discrimination Direct Discrimination – discrimination that is practiced openly, such as refusing service to someone because they belong to a certain group.

+ Duty to Accommodate The Supreme Court has ruled that an employer has the legal right to accommodate an employee’s individual needs. The employer is not expected to suffer undue hardship to accommodate their employee. Undue Hardship is the result of a change that would affect the economic viability of the enterprise or produce substantial health and safety risk that outweighs the benefit of accommodating a particular group or individual. The employer has the burden of proving that accommodating an employee would cause undue hardship.

+ Harassment in the Workplace Harassment – humiliating or annoying behaviour. Normally found in provincial HR codes. Racial, sexual, or religious slurs can be considered harassment if they are repeated or ongoing. Sexual Harassment includes unwelcome sexual conduct, remarks, leering, demands for dates, requires for sexual favours, and displays of sexually offensive pictures. Employers are responsible for ensuring that the conduct of their employees does not constitute harassment. This was established in a court case in 1987.

+ Poisoned Environment When a person is continually subjected to actions or comments that create an uncomfortable atmosphere. Can occur when comments or actions create real or perceived inequality. Also the responsibility of the employer to ensure that the poisoned environment does not exist.

+ Independent Work 1. Read pages 126 – 129 (Accommodation and Facilities, Meeting Special Needs, and Goods and Services) 2. Page 129 – Questions 1, 2, 4, 7 3. Choose a case in chapter 5. Read and answer all the questions.