1. Grounds of Discrimination
Law 12 Chapter 5

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

3. 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

4. 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

5. 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.

6. 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

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

8. 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