LAW 529 Lecture Notes - Lecture 2: Fide, Labor Rights
16 Sep 2016
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Document Summary
Human rights statues apply to actions of individuals and governments where as the charter only applies to government action. In order for a discriminatory act to prevail by the employer, he or she must demonstrate that it is a bona fide occupational qualification (bfoq) it must pass a three part test that was created by the scc. The bfoq has to be tied directly and clearly to the execution and performance of the task or job in question. Adopted for a purpose rationally connected to the performance of a job; Adopted in an a honest belief that it was necessary to satisfy a legitimate business purpose; and. To establish this, the employer must show that it was impossible to accommodate the individual or group without creating undue hardship for itself. Human rights code is a remedial legislation it exists to right a societal wrong and give affected person or group a remedy, not to allocate blame or punish an offender.
