Human Rights Chapter 5

Human Rights Human rights include the right to receive equal treatment to be free from prohibited discrimination and harassment, and to have equal access to places, services and opportunities. Human rights include the right to receive equal treatment to be free from prohibited discrimination and harassment, and to have equal access to places, services and opportunities.

Discrimination Discrimination occurs when an individual is treated unfairly because he or she belongs to a certain group Discrimination occurs when an individual is treated unfairly because he or she belongs to a certain group

Human Rights Codes There are two levels of protection. There are two levels of protection. Canadians are protected from abuses from the government or its agencies through the Charter of Rights and Freedoms. Canadians are protected from abuses from the government or its agencies through the Charter of Rights and Freedoms. Does not protect in cases of discrimination by private sector. Does not protect in cases of discrimination by private sector.

Provincial Human Rights Codes Provincial Human Rights codes protect citizens from “prohibited” discrimination in the private sector. Provincial Human Rights codes protect citizens from “prohibited” discrimination in the private sector. What is prohibited varies with provinces. What is prohibited varies with provinces.

Discrimination is illegal based on Generally includes: Generally includes: Physical characteristics Physical characteristics Origin Origin Colour Colour Religion Religion Age Age Gender Gender Sexual Orientation Sexual Orientation Mental or Physical disability Mental or Physical disability Marital Status Marital Status

Provincial Human Rights Codes Since the government are the ones making these laws they still have to follow the Canadian Charter of Rights and Freedoms. Since the government are the ones making these laws they still have to follow the Canadian Charter of Rights and Freedoms.

Stereotyping and Prejudice Stereotyping – having an oversimplified, false or general portrayal of a group of people. Stereotyping – having an oversimplified, false or general portrayal of a group of people. Prejudice – judging an individual according to the group to which they belong without taking into account individual characteristics or abilities. Prejudice – judging an individual according to the group to which they belong without taking into account individual characteristics or abilities.

Administering Human Rights Legislation Filing a complaint Filing a complaint Provinces usually have a commission that deals with complaints. Provinces usually have a commission that deals with complaints. Individuals do not need a lawyer and is confidential. Individuals do not need a lawyer and is confidential.

Filing a Complaint Hiring discrimination In filing a complaint you must prove In filing a complaint you must prove 1. You were qualified for the position. 2. You were not offered the position. 3. Someone no better qualified got the position and lacked the characteristic that you are claiming they discriminated against you for.

Dismissing a Case The Commission may dismiss the case for a number of reasons including The Commission may dismiss the case for a number of reasons including 1. There is already a claim that has a better chance of getting a ruling. 2. The complaint is viewed as trivial, or made in bad faith 3. Too much time has passed.

Role of the Commission The next step is mediation. The next step is mediation. Both sides come together to try and resolve the issues Both sides come together to try and resolve the issues They are aided by a mediation officer. They are aided by a mediation officer. If this fails, a formal investigation by a human rights officer occurs. If this fails, a formal investigation by a human rights officer occurs. This involves examining documents, facilities and interviewing employees. This involves examining documents, facilities and interviewing employees.

After this a report is written and the parties have another chance to reconcile. After this a report is written and the parties have another chance to reconcile. If this fails it goes to the commission. They decide if there is enough evidence to go to trial. If this fails it goes to the commission. They decide if there is enough evidence to go to trial. Trials occur in tribunals Trials occur in tribunals

Remedies Most remedies involve giving the same compensation that the complainant would have received if discrimination did not take place. Most remedies involve giving the same compensation that the complainant would have received if discrimination did not take place. Examples include Stopping the practice Stopping the practice Letter of apology Letter of apology Payment for mental anguish or from loss of pay or benefits. Payment for mental anguish or from loss of pay or benefits.

Remedies Continued Giving back a person their job Giving back a person their job Ordering adoption of programs designed to relieve hardships or economic disadvantage. Ordering adoption of programs designed to relieve hardships or economic disadvantage. Provide human rights training to eliminate discrimination. Provide human rights training to eliminate discrimination.

Grounds of Discrimination Employment Everyone has equal right to employment in the application process, training promotions, layoffs etc. Everyone has equal right to employment in the application process, training promotions, layoffs etc. Exceptions can occur when 1. They are reasonable and justifiable (insurance fees) 2. Specific skills or “bona fida occupational requirement”

Employment Continued 3. Affirmative Action gives advantages to groups that were historically discriminated against. If two people are equally qualified than preference can be given. If two people are equally qualified than preference can be given.

Employment continued Constructive and Direct Discrimination Having a seemingly neutral policy for the purpose of discriminating. Having a seemingly neutral policy for the purpose of discriminating. Police used to have height requirements which limited the number of women in the force. Police used to have height requirements which limited the number of women in the force. Direct Discrimination – open discrimination Direct Discrimination – open discrimination

Employment Continued Duty to Accommodate Employer must try to accommodate for an employee’s needs. i.e religious beliefs, physical disability. Employer must try to accommodate for an employee’s needs. i.e religious beliefs, physical disability. Unless employer proves undue hardship Unless employer proves undue hardship The employer does not have to accommodate if it jeopardizes safety or would cost the company too much The employer does not have to accommodate if it jeopardizes safety or would cost the company too much

Employment Continued Harassment Everyone has the right to be free from humiliating or annoying behaviour. Everyone has the right to be free from humiliating or annoying behaviour. Examples could be racial, sexual, or religious slurs. Examples could be racial, sexual, or religious slurs. Sexual Harassment includes unwelcomed sexual contact, remarks, leering demands for dates, and displays of sexually offensive pictures or graffiti. Sexual Harassment includes unwelcomed sexual contact, remarks, leering demands for dates, and displays of sexually offensive pictures or graffiti.

Employment Continued Poisoned Environment When someone is constantly subjected to humiliation or an uncomfortable atmosphere at work. When someone is constantly subjected to humiliation or an uncomfortable atmosphere at work.

Accommodation and Facilities There can be no discrimination when it comes to renting or selling property including age, marital status, or source of income. There can be no discrimination when it comes to renting or selling property including age, marital status, or source of income. Public facilities must also treat everyone fairly. Public facilities must also treat everyone fairly.

Meeting Special Needs Attempts must be made to accommodate people and employees with disabilities as long as it does not cause undue hardship. Attempts must be made to accommodate people and employees with disabilities as long as it does not cause undue hardship. Drug addiction is considered a disability. Drug addiction is considered a disability.