Chapter 2

Question 1

Define Balance of Probabilities

Answer 1

The degree of proof required in civil law cases wherein a proposition is established as fact if it is shown that the proposition is more likely than not to be true.

Question 2

Define bona fide occupational requirement

Answer 2

A reasonably necessary qualification or requirement imposed in a sincere belief that it is related to job performance. BFOR or BFOQ

Question 3

Define essential job duties

Answer 3

the core duties and requirements of the job

Question 4

Define prima facie

Answer 4

On the face of it.

Question 5

Identify the 16 protected enumerated grounds under the Ontario Human Rights Code.

Answer 5

Race
Ancestry, place of origin, colour, ethnic origin,
Citizenship,
Creed,
Sex,
Sexual Orientation,
Gender Identity,
Gender Expression,
Age,
Record of Offences,
Marital Status,
Family Status,
Disability

Question 6

Explain the three part test, in Meriorin, that must be established in order to establish a bona fide occupational requirement.

Answer 6

1. adopted for a purpose rationally connected to the performance of a job
2. adopted in an honest belief that it was necessary to satisfy a legitimate business purpose
3. reasonably necessary to accomplish that purpose. the employer must show that it was impossible to accommodate the individual or group without creating undue hardship for itself.

Question 7

Discrimination is permitted, by the OHRC, in certain situations. Explain five.

Answer 7

1. Special Service Organizations - a religious, philanthropic, educational, fraternal or social that primarily serves people identified by their race, ancestry etc.
2. BFOR - if it is a genuine requirement of the job such as a shelter for abused women.
3. Nepotism policies
4. Medical or Personal attendants
5. Special (Affirmative action) Programs - an employer may prefer or promote people who typically suffer from employment discrimination on the basis of one or more of the prohibited grounds.

Question 8

Is overqualification a bona fide occupational requirement?

Answer 8

No.

Question 9

Is pre-employment drug testing prime facie discriminatory?

Answer 9

Yes with the exception of proven safe sensitive jobs provided the employer provides accomodation.