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Includes status as a refugee, temporary resident or permanent residentoExemptions (s.16): Meiorin 3 part test: where the law requires citizenship as qualification; where the requirement for Canadian citizenship or permanent residence in Canada has been adapted to foster participation in cultural, educational, trade union, or athletic activities; and where an employer imposes a preference that the chief or senior executive is, or intends to become, a Canadian citizenCreed oNot defined but interpreted as protects people from being discriminated onthe basis of their religion or faithodoes not include political convictionsoprohibits one person from attempting to force another to accept or complywith a particular religious belief or practiceomay require an employer to take positive measures, such as allowing breaks for prayers at certain times
oexemption for special service organizationSexoSex (male or female), gender, identity, and pregnancyoProtects the right to breastfeed in public areasoExemptions for special service organizations and BFOQsoEx. Employer’s discriminatory misconduct by insisting its female employeewear a bikini top for a special event (gender-specific outfit)oEx. Firing an employee after learning that she is pregnantoExample: Mottu v. McLeod case:21 year old waitress required to wear bikini top and shorts to work for annual fundraiser with beach theme, employer called it the required uniformMottu worked but wore a sweater over bikini topMcLeod as upset, moved her to quiet area, cut her hours, Mottu eventually quitIssue: what this discrimination based on sex?Sexual orientationGender identityGender expressionoProhibits sex stereotype, arguments based on “customer preference”oAllow employee to self identifyoEmployer’s responsibility to promote a respectful and harassment free workplaceAgeoDefined as 18 years or olderoSomeone under the age of 18 cannot make an age-based application related to employment oExemptions for 65 or older: eg. health benefits for older employeesoBurden of proof – prima facie Applicant must show that they are a member of a group protected by the code, that they were subject to adverse treatment, and that there was a connection between the adverse treatment and the ground of discrimination
oAfter evidentiary burden on applicant is reached, employer must show thatbalance of probabilities (credible and acceptable explanation for its conduct)oExemptions for special service organizations and BFOQsRecord of offencesoOnly legal to discriminate on the basis of a criminal offence for which no pardon has been obtainedoDiscriminating against someone who has a criminal record without pardon is allowed (ie. On job applications) oExemptions: direct discrimination where BFOQsMarital statusoIncludes identity of the complainant’s spouse oExemptions: special services, BFOQs, and nepotism policies (policies that allow the employer to discriminate either in favour of or against specified