LAW 529 Lecture Notes - Lecture 12: Ageism, The Employer, Hand Washing
17 Dec 2019
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Chapter 26: putting human rights law to work. Human rights commission promote human rights compliance: statutes are primarily complaint-based, broad remedial powers given to human rights tribunals to help stop discrimination. Quasi-constitutional legislation should be interpreted broadly & bfor defence be applied restrictively. Job application forms and job interviews: no one should have to answer questions in a job interview related to personal characteristics religion, ethnicity, marital status, or sexual orientation, demeaning if employment is conditional on disclosing personal info, irrelevant. May be able to discriminate based on religion, hiring in religious institute. If yes, assessment of if human rights statute creates a defence to that discrimination under the circumstances. Prima facie case of discrimination: complainant provides sufficient evidence that they are victim of discrimination on a ground prohibited in a human rights statute; shifts burden to employer to establish no unlawful discrimination occurred.
