Includes status as a refugee temporary resident or permanent resident o

Includes status as a refugee temporary resident or

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Includes status as a refugee, temporary resident or permanent resident o Exemptions (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 citizen Creed o Not defined but interpreted as protects people from being discriminated on the basis of their religion or faith o does not include political convictions o prohibits one person from attempting to force another to accept or comply with a particular religious belief or practice o may require an employer to take positive measures, such as allowing breaks for prayers at certain times
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o exemption for special service organization Sex o Sex (male or female), gender, identity, and pregnancy o Protects the right to breastfeed in public areas o Exemptions for special service organizations and BFOQs o Ex. Employer’s discriminatory misconduct by insisting its female employee wear a bikini top for a special event (gender-specific outfit) o Ex. Firing an employee after learning that she is pregnant o Example: 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 uniform Mottu worked but wore a sweater over bikini top McLeod as upset, moved her to quiet area, cut her hours, Mottu eventually quit Issue: what this discrimination based on sex? Sexual orientation Gender identity Gender expression o Prohibits sex stereotype, arguments based on “customer preference” o Allow employee to self identify o Employer’s responsibility to promote a respectful and harassment free workplace Age o Defined as 18 years or older o Someone under the age of 18 cannot make an age-based application related to employment o Exemptions for 65 or older: eg. health benefits for older employees o Burden 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
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o After evidentiary burden on applicant is reached, employer must show that balance of probabilities (credible and acceptable explanation for its conduct) o Exemptions for special service organizations and BFOQs Record of offences o Only legal to discriminate on the basis of a criminal offence for which no pardon has been obtained o Discriminating against someone who has a criminal record without pardon is allowed (ie. On job applications) o Exemptions: direct discrimination where BFOQs Marital status o Includes identity of the complainant’s spouse o Exemptions: special services, BFOQs, and nepotism policies (policies that allow the employer to discriminate either in favour of or against specified
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