MT2 - Human rights Laws 1/2 Flashcards
(45 cards)
What is the legal concept of equality in Human Rights Law?
Equality is complex and contextual. It originates from commitments to political and legal equality, such as the right to equal treatment before the law. It does not always mean treating everyone the same; attaining equality may require treating individuals differently to ensure fairness.
What is the primary federal human rights legislation in Canada?
The Canadian Human Rights Act applies to federally regulated employers and prohibits discrimination based on specific protected grounds.
What is the primary human rights legislation in Saskatchewan?
The Saskatchewan Human Rights Code (2018) governs human rights protections in the province, prohibiting discrimination in employment and ensuring equal opportunity.
What are the most commonly cited prohibited grounds of discrimination?
Disability, age, sex, national/ethnic origin, race.
What are three main types of discrimination recognized in employment law?
Direct discrimination: Treating an employee less fairly based on a prohibited ground. Indirect (systemic) discrimination: Workplace policies that unintentionally disadvantage a protected group. Reverse discrimination: Favoring members of a protected group over others, such as affirmative action initiatives.
What is an example of indirect discrimination?
A company requiring all employees to lift 50 lbs, even for jobs where lifting is not required, which disproportionately excludes women or individuals with disabilities.
What is a Bona Fide Occupational Requirement (BFOR)?
A BFOR is an employment requirement that may discriminate against certain groups but is legally justified because it is essential to the job’s safe and effective performance.
What was the Supreme Court’s ruling in Janzen v. Platy Enterprises Ltd. regarding sexual harassment?
The Supreme Court ruled that sexual harassment in the workplace constitutes sex discrimination under human rights law. The Court emphasized that discrimination does not require all members of a gender to experience identical mistreatment.
What legal principle did Janzen v. Platy Enterprises establish about employer liability for sexual harassment?
Employers can be held vicariously liable if they fail to address workplace harassment, even if they did not directly engage in the behavior.
What was the issue in British Columbia (Public Service Employee Relations Commission) v. Meiorin (1999)?
A female firefighter was dismissed for failing a fitness test that disproportionately disadvantaged women. The Supreme Court ruled that the test was discriminatory because it was not reasonably necessary for job performance.
What three-step test did the Supreme Court establish in the Meiorin case to determine if a workplace standard is a Bona Fide Occupational Requirement (BFOR)?
The employer-imposed standard must be rationally connected to job performance. The employer must have adopted the standard in good faith, believing it was necessary. The standard must be reasonably necessary, and the employer must show that accommodation is not possible without undue hardship.
What legal principle did Hydro-Québec v. Syndicat des employé-e-s establish regarding the duty to accommodate?
Employers must accommodate employees with disabilities up to the point of undue hardship, but they are not required to fundamentally change job conditions or create a new position.
What did the Supreme Court rule in Hydro-Québec regarding the standard for undue hardship?
Undue hardship does not require absolute impossibility; it depends on factors like cost, workplace disruption, and health and safety risks.
A factory introduces a new policy requiring all workers to pass a physical endurance test, which disproportionately excludes older workers. Is this discrimination?
Yes, this may be indirect (systemic) age discrimination unless the endurance test is a Bona Fide Occupational Requirement (BFOR) under the Meiorin Test.
A Catholic school refuses to hire a teacher because they do not adhere to the school’s religious beliefs. Is this legal?
Yes, if the employer qualifies as a special interest organization under human rights law, religious conformity can be a BFOR for the position.
A company does not provide separate prayer rooms for Muslim employees. Can this be considered religious discrimination?
Possibly. Employers have a duty to accommodate religious needs unless doing so causes undue hardship.
A company requires drug testing for all employees, regardless of their role. Is this legal?
Likely not. Courts have ruled that random drug testing is generally only justified for safety-sensitive positions and must be based on reasonable necessity.
What factors determine whether an employer has reached the point of undue hardship in an accommodation case?
The employer must consider costs, impact on operations, effect on other employees, size of the organization, impact on collective bargaining agreements, and health and safety concerns.
What is the difference between a complaint-based and proactive enforcement model in human rights law?
The complaint-based model requires individuals to file a claim, while the proactive model involves government agencies monitoring compliance.
What is the role of the Canadian Human Rights Commission (CHRC)?
The CHRC investigates discrimination complaints, facilitates mediation, and refers unresolved cases to the Canadian Human Rights Tribunal (CHRT).
What are common remedies for human rights violations in employment?
Remedies can include reinstatement, compensation for lost wages/benefits, damages for suffering, an employer-issued apology, and a requirement to cease discriminatory practices.
What is the difference between direct discrimination, indirect (systemic) discrimination, and reverse discrimination in employment law?
Direct discrimination occurs when an individual is treated unfairly based on a prohibited ground. Indirect (systemic) discrimination refers to workplace policies that unintentionally disadvantage a protected group. Reverse discrimination involves favoring a protected group, such as affirmative action policies.
What are the three key elements of the Meiorin Test used to determine if a workplace standard is a Bona Fide Occupational Requirement (BFOR)?
The standard must be rationally connected to job performance. The employer must have adopted the standard in good faith, believing it was necessary. The standard must be reasonably necessary, and the employer must show that accommodation is not possible without undue hardship.
How does the Hydro-Québec case (2008) define the employer’s duty to accommodate and the threshold for undue hardship?
The Supreme Court ruled that an employer must accommodate employees with disabilities up to the point of undue hardship but is not required to fundamentally alter job conditions or create new roles. Undue hardship is determined by factors like cost, workplace disruption, and health and safety concerns.
