CHAPTER_2_-_HUMAN_RIGHTS_ISSUES

CHAPTER_2_-_HUMAN_RIGHTS_ISSUES - CHAPTER 2 HIRING HUMAN...

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1 CHAPTER 2 – HIRING CHAPTER 2 – HIRING HUMAN RIGHTS ISSUES
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2 CHAPTER FOCUS CHAPTER FOCUS Review Relevant human rights legislation in BC Analyze the prohibited grounds of discrimination Assess the requirements of human rights legislation in relation to hiring (advertisements, applications, and interviews, and Understand the human rights issues raised by pre-employment testing, including medical and drug and alcohol testing
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3 Human Rights Code: Human Rights Code: Discrimination in employment 13 (1) A person must not (a) refuse to employ or refuse to continue to employ a person, or (b) discriminate against a person regarding employment or any term or condition of employment because of the race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or because that person has been convicted of a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of that person.
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4 HUMAN RIGHTS CODE CONT’D HUMAN RIGHTS CODE CONT’D (2) An employment agency must not refuse to refer a person for employment for any reason mentioned in subsection (1). (3) Subsection (1) does not apply (a) as it relates to age, to a bona fide scheme based on seniority, or (b) as it relates to marital status, physical or mental disability, sex or age, to the operation of a bona fide retirement, superannuation or pension plan or to a bona fide group or employee insurance plan, whether or not the plan is the subject of a contract of insurance between an insurer and an employer. (4) Subsections (1) and (2) do not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement.
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5 KEY FEATURES OF HUMAN KEY FEATURES OF HUMAN RIGHTS LEGISLATION RIGHTS LEGISLATION It applies to both the private and the public sector Discrimination in employment is prohibited on the following grounds Race Religion. Colour Gender - Sex, sexual orientation – extends to male, female or trans-gendered individuals. It also protects women who are pregnant. Physical or mental disability – drug and alcohol dependence
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6 DISCRIMINATION GROUNDS DISCRIMINATION GROUNDS CONT’D CONT’D Age – (discrimination based for anyone 19 years of age or older). Ancestry
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CHAPTER_2_-_HUMAN_RIGHTS_ISSUES - CHAPTER 2 HIRING HUMAN...

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