Social Areas of Discrimination: Human Rights and the Law

Employment Everyone has a right to ‘equal treatment’ with respect to employment This includes: This includes: Job Applications Training Transfers Promotions Apprenticeship Dismissal Layoffs

Exceptions Under the Law Certain actions are not considered discriminatory if they are ‘reasonable and justifiable under the circumstancesExample: Higher insurance fees for younger drivers

Exceptions Under the Law Bona Fide Occupational Requirement In some cases, specific skills are required to do a certain jobIn some cases, specific skills are required to do a certain job A qualification that would normally be considered discriminatory but it is necessary for proper or efficient job performanceA qualification that would normally be considered discriminatory but it is necessary for proper or efficient job performanceExample: Requiring delivery drivers to have a valid driver’s licence

Exceptions Under the Law Affirmative Action Gives advantages to groups who have been discriminated against in the pastGives advantages to groups who have been discriminated against in the past Often practiced in organizations that serve a particular communityOften practiced in organizations that serve a particular communityExample: 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 Accommodate Accommodate Eliminate or adjust requirements or conditions to enable a person to carry out the essential duties of an activity or jobEliminate or adjust requirements or conditions to enable a person to carry out the essential duties of an activity or job Supreme Court has ruled that an employer has a legal duty to accommodate an employee’s individual needsSupreme Court has ruled that an employer has a legal 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 Commission (p. 123)See Central Alberta Dairy Pool v. Alberta Human Rights Commission (p. 123)Example: Employers must resolve conflicts, such as employees needing time off for religious holidays, to be satisfactory to both parties

Duty to Accommodate Undue Hardship The result of a change that would affect the economic viability of a company or produce a health and safety risk that outweighs the benefit of the accommodationThe result of a change that would affect the economic viability of a company or produce a health and safety risk that outweighs the benefit of the accommodation Employer has the duty to prove accommodating an employee would cause undue hardship for the business Undue HardshipEmployer has the duty to prove accommodating an employee would cause undue hardship for the business Undue HardshipUndue HardshipUndue HardshipExample: It would be expensive for an employer to install an elevator to accommodate the needs of one disabled worker required to carry boxes up a flight of stairs Exchange of some duties with a another employee might be attempted first OHRC Duty to Accomodate OHRC Duty to Accomodate

Accommodation and Facilities Accommodation All people have the right to equal treatment in accommodation and is protected under provincial human rights codesAll people have the right to equal treatment in accommodation and is protected under provincial human rights codes May be long term such as renting or purchasing a home or temporary including staying at a hotel or college residenceMay be long term such as renting or purchasing a home or temporary including staying at a hotel or college residence Right to be free from discrimination based on age, marital status, or sources of incomeRight to be free from discrimination based on age, marital status, or sources of income Unmarried women with children and receiving social assistance are often refused rental of apartmentsUnmarried women with children and receiving social assistance are often refused rental of apartments

Accommodation and Facilities Facilities Areas or buildings designated for public use including parks, concert halls, or hockey rinksAreas or buildings designated for public use including parks, concert halls, or hockey rinks Treatment of groups differently who use the same facility can be considered a human rights violationTreatment of groups differently who use the same facility can be considered a human rights violationExample: An arena manager cracks down on fans who are jeering men's hockey teams but does not provide the same treatment for female players when they complain about jeering fans

Harassment in the Workplace Harassment Everyone has the right to be free from persistent or humiliating behaviour that violates the human rights of the victimEveryone has the right to be free from persistent or humiliating behaviour that violates the human rights of the victim Outlined in provincial human rights codesOutlined in provincial human rights codes Racial, sexual, or religious slurs for example can be considered harassment if they are repeated or ongoingRacial, sexual, or religious slurs for example can be considered harassment if they are repeated or ongoing Employers are responsible for ensuring that the conduct of employees does not constitute harassmentEmployers are responsible for ensuring that the conduct of employees does not constitute harassment

Harassment in the Workplace Sexual Harassment Unwelcome sexual contact, remarks, leering, demands for dates, requests for sexual favours, and displays of sexually offensive pictures or graffiti (see Chartrand v. Vanderwell Contractors Ltd. P. 124)Unwelcome sexual contact, remarks, leering, demands for dates, requests for sexual favours, and displays of sexually offensive pictures or graffiti (see Chartrand v. Vanderwell Contractors Ltd. P. 124) Poisoned Environment An uncomfortable or disturbing atmosphere created by the negative comments or behaviour of othersAn uncomfortable or disturbing atmosphere created by the negative comments or behaviour of othersExample: Female employee hearing disparaging comments from male co-workers such as “Women just aren’t as capable as men”

Meeting Special Needs Human rights codes prevent discrimination on the basis of disabilityHuman rights codes prevent discrimination on the basis of disability Needs of workers with psychological, emotional, or physical disabilities must be accommodated by employersNeeds of workers with psychological, emotional, or physical disabilities must be accommodated by employers Persons with disabilities have the right to full integration and participation in societyPersons with disabilities have the right to full integration and participation in society Employers, landlords, service providers, and others have a duty to consider special needsEmployers, landlords, service providers, and others have a duty to consider special needs See p. 128 – “The Final Curtain”See p. 128 – “The Final Curtain”

Meeting Special Needs Undue Hardship Special arrangements must be made where it is impossible to remove barriersSpecial arrangements must be made where it is impossible to remove barriers To prove undue hardship, three criteria exist:To prove undue hardship, three criteria exist: Buildings, programs, procedures, and services must be designed to include all persons equally and fully 1.Cost 2.Sources of funding 3.Health and safety

Goods and Services Goods generally refer to merchandise that can be purchased such as iPods, books, and clothingGoods generally refer to merchandise that can be purchased such as iPods, books, and clothing Services provide a way to meet consumer needs that do not involve the purchase of tangible good such as banking, dry cleaning, and taking a bus, seeing a movieServices provide a way to meet consumer needs that do not involve the purchase of tangible good such as banking, dry cleaning, and taking a bus, seeing a movie Under human rights legislation, everyone has a right to equal access to goods and servicesUnder human rights legislation, everyone has a right to equal access to goods and services

Types of Discrimination Constructive Discrimination Neutral requirements found in employment policies that inadvertently exclude certain individuals, resulting in discriminationNeutral requirements found in employment policies that inadvertently exclude certain individuals, resulting in discrimination More difficult to detect than direct discriminationMore difficult to detect than direct discriminationExample: Police departments had a minimum height requirement that effectively excluded most women and minority groups

Types of Discrimination Direct Discrimination An overt act of discrimination; discrimination that is practiced openlyAn overt act of discrimination; discrimination that is practiced openlyExample: Refusing service or employment to someone simply because of his or her membership in a particular group