Ontario’s Human Rights Code Key Features: 1. Broad Purpose - Preamble - Cannot contract out of it
2. Covers 5 key social areas: * Employment (s. 5) * Housing; * Contracts; * Goods and services; * Vocational associations (e.g. trade unions)
Key Features of Code: 3. There are 14 prohibited grounds of discrimination in employment: * Race, ancestry, place of origin, colour, ethnic origin * Citizenship * Creed (religion) * Sex, sexual orientation, marital status, family status * Record of Offences * Age (18+) * Disability*
What is Discrimination: 4. Code also covers unintentional (constructive) discrimination (now s. 11 Code) Negative impact based on prohibited ground = Discrimination unless BFOQ Duty to Accommodate to point of Undue Hardship
Meiorin : 3 Key Points 1. Same analysis for all types of discrimination
Meiorin Test: 2. To be considered a BFOQ, the workplace policy must: * Be rationally connected to job - yes * Be adopted in an honest belief that it is necessary to satisfy a legitimate business purpose - yes * Be reasonably necessary to accomplish that purpose - and impossible to “accommodate” the individual or group without creating undue hardship – no*
Meiorin: 3. Inclusive Design – ERs must design systems with diverse groups in mind*, rather than creating exceptions later
What the Court Decided: SCC found for ER: * The test is not “is it impossible” to accommodate but “is it impossible without imposing undue hardship”. * Essence of contract remains - duty to perform work in exchange for remuneration* * Specific Exceptions(s. 24: Special service organization (Christian Horizon case) * Genuine BFOQ * Personal caregiver in home * Nepotism policy - spouse, child, parent of employer or employee * Affirmative action programs - s. 14*
Prohibited Grounds of Discrimination: 1. Race and
2. Colour
3. Ancestry
4. Place of origin
5. Ethnic origin
(Exception to all five of these grounds: Special service organization
Prohibited Grounds of Discrimination: 6. Citizenship (Exceptions under s. 16) 7. Creed - religion (Exception: Special service organization)*
Prohibited Grounds of Discrimination: 8. Sex - not defined but interpreted to include pregnancy and transgendered people (Exceptions: Special service organization or if BFOQ)*
Prohibited Grounds of Discrimination: 9. Sexual Orientation * refers to gays, lesbians, bisexuals and heterosexuals*
Prohibited Grounds of Discrimination: 10. *Age- effective Dec. 12, 2006 defined as anyone age 18 and over (Exception: Special service organization, BFOQ)*
Prohibited Grounds of Discrimination: 11. *Record of Offences * - a criminal offence for which a pardon has been granted * - a provincial offence (Exception: BFOQ)*
a) Explain the history of common law and equity. Prior to the Norman Conquest in 1066 there was no unified system of law in Britain, different areas of the county were governed by different rules. Law was based on local customs within the shires and hundreds. The local customs were enforced and administered over by the shire court which was presided over by the sheriff who was a representative of the King. When William I came into power one of the main aims of the Normans was to centralise the legal…
B Y: I S I S G I L L - R E I D E S S E N T I A L S TA N D A R D S LAW OF SINES: AMBIGUOUS LAW OF SINES LAW OF SINES T H E L A W O F S I N E S S TA T E S T H A T T H E R A T I O O F T H E L E N G T H O F A S I D E O F A T R I A N G L E T O T H E S I N E O F THE ANGLE OPPOSITE THAT SIDE IS THE SAME FOR ALL SIDES AND ANGLES IN A GIVEN TRIANGLE. THE AMBIGUOUS CASE IS IF TWO SIDES AND AN ANGLE OPPOSITE ONE OF THEM IS GIVEN, THREE POSSIBILITIES DEFINITION ONE SOLUTION EXISTS GIVEN A= 22, B=12…
protection of the laws” appear? a. Thirteenth b. Fourteenth c. Fifteenth d. Sixteenth e. Seventeenth Answer: b 2. What are the three levels of scrutiny used by the Supreme Court to discover whether discrimination is permissible? a. Reasonableness, inherently suspect, and the intermediate standard b. Reasonableness, inherently suspect, and grossly discriminatory c. Arguably discriminatory, reasonable analysis, and negligent d. Negligent, arguably discriminatory, and reasonable e. Suspect, inherently…
CONCORDIA UNIVERSITY Department of Management COMM 315- BUSINESS LAW AND ETHICS: Midterm exam Total Value: 25 Marks Date: January 30th, 2014 Instructor: Benito Aloe Time: Name: _____________________Signature: ___________________ID No:________ Course materials permitted: None, unless otherwise indicated. Concordia Academic Code of Conduct will be strictly enforced. Choose the most appropriate, accurate or correct answer. Answers on questionnaire will not be corrected…
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COMPUTER WASTE J Hoffman Computer Waste or “e-waste” is rapidly becoming a major problem for our world’s waste stream, due mostly to the toxicity and quantity of these unwanted televisions, computers and computer components. The toxins used in the manufacture of these components include brominated flame retardants, cadmium, lead, lithium, mercury, phosphorous coatings, and PVC plastics that create dioxins when burned. The quantities of the products are staggering and growing each year. Many of…
AC 63812 A British Soldier’s Values and Standards V A L U E S A N D S T A N D A R D S O F T H E B R I T I S H A R M Y FOREWORD BY THE HEAD OF THE ARMY Humans are naturally team players, we all seek the company of others and like to share our experiences. The British Army is the ultimate team. It has an excellent reputation across the World, which is built on trust. A lot is expected of you as a British Soldier; you will be required to serve in dangerous places, risk your life for your teammates…
related forms electronically) 2.2. Privacy of Information RICHMOND INVESTMENTS reserves the right to monitor and/or log all network activity with or without notice, including e-mail and all web site communications, and therefore, users should have no expectation of privacy in the use of these resources. The Agency will not monitor e-mail transmissions on a regular basis, though the construction, repair, operations and maintenance of electronic messaging systems may occasionally result in monitoring random…
interpret the laws of the United States and the states. Select one: a. The Executive Branch b. The Legislative Branch c. The Judicial Branch d. All of the above e. None of the above Question 2 Answer saved Marked out of 2 Flag question Question text What are the three branches of the United States government? Select one: a. Legislative, Executive, and Judicial b. Legislative, Executive, and Presidential c. Executive, Judicial, and National Security d. Congress, President, and Legislative e. Judicial…
following contributed to the United States going to war in 1812? Selected Answer: e. congressional War Hawks who pressed for territorial expansion into Florida and Canada Answers: a. the Republican insistence on high tariffs b. Madison’s refusal to support Macon’s Bill no. 2 c. Great Britain’s announcement that it would end the impressment of American sailors d. Tecumseh’s victory at the Battle of Tippecanoe e. congressional War Hawks who pressed for territorial expansion into Florida and…
