CHAPTER_5_-_HUMAN_RIGHTS_ISSUES_DURING_THE_COURSE_OF_EMPLOYMENT

CHAPTER_5_-_HUMAN_RIGHTS_ISSUES_DURING_THE_COURSE_OF_EMPLOYMENT

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Unformatted text preview: 1 CHAPTER 5 - HUMAN RIGHTS CHAPTER 5 - HUMAN RIGHTS ISSUES DURING THE COURSE ISSUES DURING THE COURSE OF EMPLOYMENT OF EMPLOYMENT 2 CHAPTER FOCUS CHAPTER FOCUS Examine what constitutes discrimination under BC Human Rights Code Evaluate the practical implications of the duty to accommodate, focusing on grounds of disability, creed, sex and family status Examine the legality of drug and alcohol testing in the workplace Outline the employers obligations with respect to workplace and sexual harassment and sexual solicitation Review a complainants remedies under these statutes; and Understand how a complaint is handled 3 Human Rights Code Human Rights Code 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. 4 Application of Human Rights Application of Human Rights Code Code Human rights legislation does not protect employees from unequal treatment if that treatment arises for a reason unrelated to one of the enumerated grounds Provincial human rights legislation must comply with the Charter 5 DUTY TO ACCOMMODATE DUTY TO ACCOMMODATE BONA FIDE OCCUPATIONAL REQUIREMENT (BFOR) the discriminatory rule or requirement must be Adopted for a purpose rationally connected to the performance of a job; Adopted in the honest belief that it was necessary to satisfy a legitimate business purpose; and Reasonably necessary to accomplish the purpose. To establish this, the employer must show that it was impossible to accommodate the individual or group without creating undue hardship for itself 6 FACTORS - THE DUTY TO FACTORS - THE DUTY TO ACCOMMODATE ACCOMMODATE Did the employer investigate alternative approaches that do not have a discriminatory effect, such as individual testing? Were there valid reasons why alternative approaches were not implemented? What were they? Can the workplace accommodate different standards that reflect group or individual differences and capabilities 7 FACTORS CONTD FACTORS CONTD Can legitimate workplace objectives be met in a less discriminatory manner? Does the standard ensure that the desired qualification is met without placing an undue burden on those to who it applies? Have other parties who are obliged to assist in the search for accommodation (for example the union) fulfilled their role? 8 ESSENCE OF ESSENCE OF ACCOMMODATION: ACCOMMODATION: Individualization (each person is unique) Dignity (in a manner that respects privacy, confidentiality, comfort and autonomy.confidentiality, comfort and autonomy....
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CHAPTER_5_-_HUMAN_RIGHTS_ISSUES_DURING_THE_COURSE_OF_EMPLOYMENT

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