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Canadian Human Rights Discussion Paper.

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Canadian Human Rights Discussion Paper.

Question:

  1. What are the four common features that define the Canadian human rights model?
  2. What is indirect discrimination, and how is it treated by the law?
  3. What are the prohibited grounds of discrimination in Canadian jurisdictions?
  4. What is a Bona Fide Occupational Requirement (BFOR), and how it is applied in human rights cases?
  5. What is the duty to accommodate, and what point does the duty begin and end?
  6. Why is human rights law at work considered an emerging and evolving area of law?Canadian Human Rights Discussion Paper.
  7. Describe the tension between BFOR, accommodation, and undue hardship. Explain why the tension exists.Canadian Human Rights Discussion Paper.
  8. Why do different jurisdictions have differing prohibited grounds in their human rights acts?
  9. If discrimination can be unintentional, how does the human rights system determine when it has occurred

 

Human rights are rights that we all have by virtue of our shared humanity. Depending on the nature of the right, both individuals and groups can assert human rights. This paper covers the Canadian human right model especially at the workplace when it comes to undue hardships, accommodation and BFOR.

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1.      common features that define the Canadian human rights model include equality, freedom of expression, freedom of assembly and freedom of religion

2. Indirect discrimination describes situations which occur when someone puts in place a particular provision, criterion or practice, which appears to be neutral, but which in practice leads to people from a particular protected group being treated less favorably than others. To prove that indirect discrimination happened: there must be a policy which an organization is applying equally to everyone the policy must disadvantage people with your protected characteristic when compared with people without it and one  must be able to show that it has disadvantaged them personally hence covered by the equality law. If the organization can show there is a good reason for its practice, it is referred to as objective justification.

3.In Canada, discrimination is prohibited on the grounds such as physical disability, race, religious beliefs, color, marital status, gender, gender identity, gender expression, mental disability, source of income, family status or sexual orientation and place of origin.

4.      A Bona Fide Occupational Requirement is a standard or a criterion that allows an employer to discriminate based on an otherwise prohibited ground, if there is a legitimate reason that is connected to the ability to do the job. They must be essential to the performance of the task and their absence must be impossible for the employer to accommodate without undue hardship.Canadian Human Rights Discussion Paper.

5.      The duty to accommodate is the obligation to meaningfully incorporate diversity into the workplace. The duty to accommodate involves eliminating or changing rules, policies, practices and behaviors that discriminate against persons based on a group characteristic, such as race, national or ethnic origin, color, religion, age, sex, sexual orientation, marital status, family status and disability. The Act says that accommodation is required, short of undue hardship. The Supreme Court of Canada has also defined the duty to accommodate

6.      Human Right law is evolving at workplace due to diversity in terms of gender, sex, culture, race and marital status to protect the employees against discrimination and abuse at the workplace.

7.      Conflicts appear to occur as a result of tension between BFOR, accommodation, and undue hardship in the workplace. This could be as a result of an employer accommodating the employee which might result in undue hardship. Accommodation and BFOR may conflict in a situation where the employer has no chances of incorporating diversity at the workplace hence may use BFOR during the recruitment process.

8.      States can limit the exercise of human rights for valid reasons facing their jurisdictions, including the needs of countering terrorism, as long as they respect a number of conditions or discrimination which is a key issue in the case of Canada.

9.      To establish a prima facie case of discrimination based on disparate treatment a plaintiff must show that he  is a member of a protected class,  suffered an adverse employment action, met his employer’s legitimate expectations at the time of the adverse employment action, and (4) was treated differently from            Reference

Constance Backhouse, Colour-Coded: A Legal History of Racism in Canada, 1900–1950 (Toronto: University of Toronto Press, 1999).Bay, O., & Mykitiuk, R. (2020). Confronting Episodic Disability in the Workplace: The Canadian Experience. In The Palgrave Handbook of Disability at Work (pp. 45-62). Palgrave Macmillan, Cham.Canadian Human Rights Discussion Paper.