Social Areas of Discrimination: Social Areas of Discrimination: Human Rights and the LawHuman Rights and the Law

EmploymentEmploymentEveryone has a right to ‘equal treatment’ with Everyone has a right to ‘equal treatment’ with

respect to employmentrespect to employment

This includes:This includes:

•Job Applications

•Training

•Transfers

•Promotions

•Apprenticeship

•Dismissal

•Layoffs

Exceptions Under the LawExceptions Under the Law

• Certain actions are not considered discriminatory if they are ‘reasonable and justifiable under the circumstances

Example:Example:

Higher insurance fees for younger drivers

Exceptions Under the LawExceptions Under the Law

Bona Fide Occupational RequirementBona Fide Occupational Requirement

• In some cases, specific skills are required to do a In some cases, specific skills are required to do a certain jobcertain job

• A qualification that would normally be considered A qualification that would normally be considered discriminatory but it is necessary for proper or discriminatory but it is necessary for proper or efficient job performanceefficient job performance

Example:Example:

Requiring delivery drivers to have a valid driver’s Requiring delivery drivers to have a valid driver’s licencelicence

Exceptions Under the LawExceptions Under the Law

Affirmative ActionAffirmative Action

• Gives Gives advantagesadvantages to groups who have been to groups who have been discriminated against in the pastdiscriminated against in the past

• Often practiced in organizations that serve Often practiced in organizations that serve a particular communitya particular community

Example:Example:

Women prison guards at a women’s prison Women prison guards at a women’s prison

• Be Careful!!!

Accommodation as in duty to accommodate an employee

as opposed to Accommodation as in housing – temporary

or permanent

Duty to AccommodateDuty to AccommodateAccommodateAccommodate• Eliminate or adjust requirements or conditions to enable Eliminate or adjust requirements or conditions to enable

a person to carry out the essential duties of an activity or a person to carry out the essential duties of an activity or jobjob

• Supreme Court has ruled that an employer has a legal Supreme Court has ruled that an employer has a legal duty to accommodate an employee’s individual needs duty to accommodate an employee’s individual needs

• See p. 132 – Jeppeson v. AncasterSee p. 132 – Jeppeson v. Ancaster• See Central Alberta Dairy Pool v. Alberta Human Rights See Central Alberta Dairy Pool v. Alberta Human Rights

Commission (p. 123) Commission (p. 123)

Example:Example:Employers must resolve conflicts, such as employees Employers must resolve conflicts, such as employees needing time off for religious holidays, to be satisfactory needing time off for religious holidays, to be satisfactory to both parties to both parties

Duty to AccommodateDuty to AccommodateUndue HardshipUndue Hardship• The result of a change that would affect the The result of a change that would affect the

economic viability of a company or produce a economic viability of a company or produce a health and safety risk that outweighs the benefit of health and safety risk that outweighs the benefit of the accommodationthe accommodation

• Employer has the duty to prove accommodating an Employer has the duty to prove accommodating an employee would cause undue hardship for the employee would cause undue hardship for the business business Undue Hardship

Example:Example:It would be expensive for an employer to install an It would be expensive for an employer to install an elevator to accommodate the needs of one disabled elevator to accommodate the needs of one disabled worker required to carry boxes up a flight of stairsworker required to carry boxes up a flight of stairs

Exchange of some duties with a another employee Exchange of some duties with a another employee might be attempted firstmight be attempted first

OHRC Duty to Accomodate

Accommodation and FacilitiesAccommodation and Facilities

AccommodationAccommodation

• All people have the right to equal treatment in All people have the right to equal treatment in accommodation and is protected under provincial accommodation and is protected under provincial human rights codeshuman rights codes

• May be long term such as renting or purchasing a May be long term such as renting or purchasing a home or temporary including staying at a home or temporary including staying at a hotelhotel or or college residencecollege residence

• Right to be free from discrimination based on Right to be free from discrimination based on ageage, , marital statusmarital status, or , or sources of incomesources of income

• Unmarried women with children and receiving Unmarried women with children and receiving social assistance are often refused rental of social assistance are often refused rental of apartmentsapartments

Accommodation and FacilitiesAccommodation and Facilities

FacilitiesFacilities

• Areas or buildings designated for public use Areas or buildings designated for public use including parks, concert halls, or hockey rinksincluding parks, concert halls, or hockey rinks

• Treatment of groups differently who use the same Treatment of groups differently who use the same facility can be considered a human rights violationfacility can be considered a human rights violation

Example:Example:

An arena manager cracks down on fans who are An arena manager cracks down on fans who are jeering men's hockey teams but does not provide jeering men's hockey teams but does not provide the same treatment for female players when they the same treatment for female players when they complain about jeering fanscomplain about jeering fans

Harassment in the WorkplaceHarassment in the Workplace

HarassmentHarassment• Everyone has the right to be free from persistent or Everyone has the right to be free from persistent or

humiliating behaviour that violates the human humiliating behaviour that violates the human rights of the victimrights of the victim

• Outlined in provincial human rights codesOutlined in provincial human rights codes

• Racial, sexual, or religious slurs for example can Racial, sexual, or religious slurs for example can be considered harassment if they are repeated or be considered harassment if they are repeated or ongoingongoing

• Employers are responsible for ensuring that the Employers are responsible for ensuring that the conduct of employees does not constitute conduct of employees does not constitute harassmentharassment

Harassment in the WorkplaceHarassment in the Workplace

Sexual HarassmentSexual Harassment

• Unwelcome sexual contact, remarks, leering, Unwelcome sexual contact, remarks, leering, demands for dates, requests for sexual favours, demands for dates, requests for sexual favours, and displays of sexually offensive pictures or and displays of sexually offensive pictures or graffiti (see Chartrand v. Vanderwell Contractors graffiti (see Chartrand v. Vanderwell Contractors Ltd. P. 124)Ltd. P. 124)

Poisoned EnvironmentPoisoned Environment

• An uncomfortable or disturbing atmosphere An uncomfortable or disturbing atmosphere created by the negative comments or behaviour of created by the negative comments or behaviour of othersothers

Example:Example:Female employee hearing disparaging comments Female employee hearing disparaging comments from male co-workers such as “Women just aren’t from male co-workers such as “Women just aren’t as capable as men”as capable as men”

Meeting Special NeedsMeeting Special Needs• Human rights codes prevent discrimination on the Human rights codes prevent discrimination on the

basis of disabilitybasis of disability

• Needs of workers with psychological, emotional, or Needs of workers with psychological, emotional, or physical disabilities must be accommodated by physical disabilities must be accommodated by employersemployers

• Persons with disabilities have the right to full Persons with disabilities have the right to full integration and participation in societyintegration and participation in society

• Employers, landlords, service providers, and Employers, landlords, service providers, and others have a duty to consider special needsothers have a duty to consider special needs

• See p. 128 – “The Final Curtain”See p. 128 – “The Final Curtain”

Meeting Special NeedsMeeting Special Needs

Undue HardshipUndue Hardship

• Special arrangements must be made where it is Special arrangements must be made where it is impossible to remove barriersimpossible to remove barriers

• To prove undue hardship, three criteria exist:To prove undue hardship, three criteria exist:

Buildings, programs, procedures, and services must Buildings, programs, procedures, and services must be designed to include all persons equally and fullybe designed to include all persons equally and fully

1.1. CostCost

2.2. Sources of fundingSources of funding

3.3. Health and safetyHealth and safety

Goods and ServicesGoods and Services

• GoodsGoods generally refer to merchandise that can be generally refer to merchandise that can be purchased such as iPods, books, and clothingpurchased such as iPods, books, and clothing

• ServicesServices provide a way to meet consumer needs provide a way to meet consumer needs that do not involve the purchase of tangible good that do not involve the purchase of tangible good such as banking, dry cleaning, and taking a bus, such as banking, dry cleaning, and taking a bus, seeing a movieseeing a movie

• Under human rights legislation, everyone has a Under human rights legislation, everyone has a right to equal access to goods and services right to equal access to goods and services

Types of DiscriminationTypes of Discrimination

Constructive DiscriminationConstructive Discrimination

• Neutral requirements found in employment Neutral requirements found in employment policies that inadvertently exclude certain policies that inadvertently exclude certain individuals, resulting in discriminationindividuals, resulting in discrimination

• More difficult to detect than direct More difficult to detect than direct discriminationdiscrimination

Example:Example:Police departments had a minimum height Police departments had a minimum height requirement that effectively excluded most requirement that effectively excluded most women and minority groups women and minority groups

Types of DiscriminationTypes of Discrimination

Direct DiscriminationDirect Discrimination

• An overt act of discrimination; An overt act of discrimination; discrimination that is practiced openlydiscrimination that is practiced openly

Example:Example:

Refusing service or employment to Refusing service or employment to someone simply because of his or her someone simply because of his or her membership in a particular group membership in a particular group