The Plan… 20 Sept 2013  Finish your Charter of Rights Case Brief  Print & Hand in Be sure to hand in your self assessment…  Start Chapter 5: Human Rights  Read Pages  BYU Questions #1-5 due for Monday Page 114 Read & discuss in class…  If time: we will discuss Chapter 1 test  Retest Wednesday 25 th  Heads up: Chapter 2-5 test Friday 27 th (maybe)

Your Task…  Finish Questions #1-6 P. 115 for homework  We will discuss on Monday  Work on your Vocab list(s)  Test Thursday the 27 th  Read and discuss:  “Is forced retirement discriminatory?” We’ll go over this in minutes….  Questions?

The Plan… 23 Sept 2013  Start Chapter 5: Human Rights  Read Pages (done)  BYU Questions #1-5 due Page 114 Read & discuss in class…  Continue with Chapter 5  BYU P 119 Questions #1-5: we will discuss tomorrow  If time: we will discuss Chapter 1 test  Retest Thursday 26 th lunch or after school)  Heads up: Chapter 2-5 test also Thursday 26 th

5.1 – HUMAN RIGHTS

What are ‘human rights’?  A “right” is a legal, moral, and social claim that people are entitled to – primarily from Government. Beyond government protection there is more to ensure one’s rights…  human rights…  …are fundamental rights and freedoms to which all people are entitled  discrimination…  …is treating a person unfairly or unequally because of his or her race, religion, ability, etc.  human rights codes…  …are legal documents that protect people from prohibited discrimination

Human Rights Legislation  Despite the fact that we as Canadian’s think of ourselves as tolerant and inviting people, we still find ourselves faced with discrimination in our society, this includes:  stereotyping…  …is having an over-simplified, standardized, or fixed judgment or characterization of a group of people “All young males are reckless drivers…”  prejudice…  …is a preconceived opinion based on a stereotype or inadequate information “just because one teenager is a “bad” apple doesn’t mean that someone should classify all teenagers as such…”

Canadian Human Rights Act (1977)  Applies to levels and branches of government, and businesses regulated by government (Crown corporations). The purpose of the act is…  prohibit grounds for discrimination based on: Race National or ethnic origin Age Marital status, family status Colour Religion Gender Physical or mental disability Sexual orientation

Provincial Human Rights Codes  every province has one  contents of the code subject to Canadian Charter of Rights & Freedoms  ie. Code item may be struck down if it contravenes the Charter See example from book (P.113): Justine Bailey, female hockey player, wanted to play hockey with a boys team Ontario Court of Appeal struck down the Ontario Human Rights Code which permitted the denial of athletic organizations to deny membership based on Gender. Your thoughts?

Discussion time…  Read Page 114  Answer questions 1, 2, 3 a & b  Review homework BYU p115 #1-5

Human Rights Complaints  To administer and enforce human rights codes, Provincial Governments have appointed commissions.  Most complaints are solved here, but of the “4%” that are not, they go to tribunals for decision.  complainant…  …is the person making an allegation of discrimination  respondent…  …is the person or organization that the complainant alleges to have discriminated against him or her  mediation…  …is intervention between conflicting parties that promotes compromise or settlement of the dispute  conciliation…  …is bringing conflicting parties to a resolution of their differences

Human Rights Complaint Process complaint responsereplymediation investigation report conciliation no settlement hearing final resolution

If you are a Complainant  You will be provided with a package of information to assist you in filling your complaint  You will need to describe the events and circumstances that you felt were discriminatory  As the accuser, you must prove your case  You must establish prima face, that is a case that is legally convincing, this includes: 1) You were qualified for your employment 2) You were not hired (new job) 3) Someone “under qualified” compared to you received the job, and they lack the discriminatory factor for why you think you were fired (race, colour, etc.)

Dismissing a Complaint  Following this stage a Commission may dismiss the complaint for a variety of reasons, including  There is other legislation that may appropriatly deal with the complaint  The complaint was trivial, frivolous, or made in bad faith  The complaint is outside the jurisdiction of the Commission  Rules in time, differing from province to province, you only have so long to file complaint

If not dismissed: Mediation  A process of intervention between the conflicting parties, assisted by mediation officer  If parties do not agree to mediation, case is referred to investigation services for a formal investigation by a human rights officer, this includes  Gathering evidence relevant to complaint  Inspecting documents, records, and correspondence relevant to the case  Examining facilities  Interviewing witnesses  Conciliation (meeting of parties) may also attempted by officer during this process

Still no Resolution?  Referred to Commissioners who oversee the Human Rights Commission  The complaint can be dismissed at this stage 15 days for complainant to appeal  If appeal dismissed, the case is over  If they rule that there is enough evidence  Board of inquiry or human rights tribunal will hear the case and make the decision  Very similar process to a trail (lawyers, cross examination, etc) This can also be appealed…

Remedies for Discrimination  possible remedies when discrimination has occurred:  ordering contravener to stop the practice  ordering contravener to pay damages ($$)  suggesting employer give back job, promotion, etc.  ordering organization to create internal programs to help disadvantaged groups  ordering organization to complete human rights training and develop policies to eliminate discrimination and prevent harassment

Your Turn…  BYU Questions 1  5 P. 119  Due tomorrow  Discuss the test…

The Plan… 24 Sept 2013  Review last night’s homework  BYU Page 119 #1-5  NEW! “Grounds of Discrimination”  P in text  BYU Questions P 129 #1-8  Confirm Date for Chapter 1 retest & Chapters 2-5 test…

Grounds of Discrimination  We have learned about how the complaint process works, you will now gain a better understanding of the activities protected by human rights legislation.  You will also see what actions, while appearing discriminatory, are actually considered exceptions under the law.

Grounds of Discrimination  Employment; everyone has the right to “equal treatment with respect to employment”  exceptions under the law” bona fide occupation requirement = a qualification essential for proper or efficient job performance, not considered discriminatory (bona fide = Latin for “in good faith”) i.e. taxi drivers require a valid driver’s license affirmative action = giving advantages to groups who have been discriminated against in the past i.e. female candidate may be chose over a male for position of female security at a women’s shelter

Grounds of Discrimination.2  Sometimes seemingly neutral requirements for employment may lead to what is known as constructive & direct discrimination: constructive discrimination = employment policies that inadvertently exclude certain individuals, resulting in discrimination i.e. minimum height requirements in the past for Police, excluded most women and minority groups. This was struck down by courts. direct discrimination = an overt act of discrimination i.e. something practiced openly, such as refusing services or employment to someone based on their relationship to a group.

Grounds of Discrimination.3  Duty to accommodate: An employer has a legal duty to accommodate an employees individual needs i.e. if an employee has a particular religious belief that makes them unavailable to work on a particular day, the employer must resolve the conflict so to satisfy both parties  Meeting special needs must be done in a way that the employer can accommodate without undue hardship A change that would affect the economic viability of the business, or produce a health and safety risk i.e. safety elevator in text (trade duties vs. build solo elevator)

Grounds of Discrimination.4  Harassment in the workplace: harassment = persistent behavior that violates the human rights of the victim Sexual harassment = may include unwelcome sexual contact, remarks, leering, demands for dates, requests for sexual favors, and displays of sexually offensive pictures or graffiti  Employers are not responsible for ensuring that the conduct of their employees does not constitute harassment.

 Poisoned environment: Is an uncomfortable or disturbing atmosphere created by the negative comments or behavior of others Usually involves a person, or group of people, being continually subjected to actions or comments that create an uncomfortable atmosphere i.e. Sexual comments re: gender inequality & stereotypes Grounds of Discrimination.5

Grounds of Discrimination.6  Accommodation and facilities ‘Accommodation’ refers to the place where people live or want to live (long term or temporary) People have the right to be free from discrimination based on numerous factors (race etc) ‘Facilities’ refers to areas or buildings designated for public use Example of discrimination: Women’s hockey team does not receive their allotted time based on actions of rink attendant

Grounds of Discrimination.7  Meeting special needs Provincial human rights codes require employers to accommodate the needs of workers with psychological, emotional, or physical disabilities  When accommodations cannot be made (remove barriers without undue hardship), special arrangements must be made To prove undue hardships three factors are considered, those being: cost, outside sources of funding, and health and safety Depending on nature of activity/disability, a landlord may be able to plead undue hardship

Grounds for Discrimination.8  Goods and services Goods (merchandise) and services (non-tangible goods, ie banking, hotel room, etc) must be made available to someone with a disability Everyone has a right to goods and services

Your turn…  BYU Questions:  P 129 #1-8  We will review tomorrow  Definitions:  Need those for Friday  Retest Thursday:  Who is in?