MHR 523 Lecture Notes - Lecture 4: Visible Minority, Reasonable Accommodation, Multiple Sclerosis
28 Jun 2018
School
Department
Course
Professor
Lecture 4
Jurisdiction
Federal laws
-Federally regulated employers (federal civil service, crown corporations and agencies,
transportation, banking and communications)
Provincial/territorial laws
-All other employers (90% of Canadian workers)
Legislation protecting the…
General population
-Charter of rights and freedoms
-Human rights
-Ordinary laws
Workplace
-Employee standards
-Ordinary law
-Collective bargaining
-Employee contracts
Canadian charter of rights and freedoms
-Canadian multicultural heritage rights, first nations rights, minority language rights,
equality rights and the right to live and work anywhere in Canada, the right to due
process in criminal proceedings and the right to democracy
Freedoms
-Freedom of conscience and religion
-Freedom of thought, belief, expression and opinion
-Freedom of peaceful assembly
-Freedom of association
Section 15- equality rights
-Right to equal protection and benefit of the law without discrimination
Human rights
-Jurisdictions specific legislation
-Prohibits intentional and unintentional discrimination in employment situations
-Also in the delivery of goods and services
Ontario human rights code
“every person has a right to equal treatment with respect to services, goods and facilities without
discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed
(incl. religion), sex, sexual orientation, gender identity, gender expression, age, marital status,
family status, or disability
Tort law
find more resources at oneclass.com
find more resources at oneclass.com
-Primarily judge-based law, whereby the precedent and jurisprudences set by one judge
through his or her assessment of a case establishes how similar cases will be interpreted
Hierarchy of employment legislation
Canadian charter of rights and freedoms – basic rights for all Canadians
Human rights legislation- protection from discrimination
Employment standards legislation- minimum terms and conditions of employment
Ordinary laws- content or context specific
Collective bargaining agreement
Employment contract
Discrimination
-A distinction, exclusion or preference based on one of the prohibited grounds that has the
effect of nullifying or impairing the right of a person to full and equal recognition ad
exercise of his or her human rights and freedoms
-Discrimination is an act that is unfair or prejudiced within the context of prohibited
grounds for discrimination
-Ageism- discrimination beliefs and behaviours against people because of their age
-Classicism- because of social class, generally directed against those poorer
-Ethnocentrisms- because of ethnic differences
-Heterosexism- against gay men, lesbians, and trans genders
-Racism- based on one’s race
-Gender
-Disability
-Harassment
-Sexual harassment
Intentional discrimination
-Employer cannot discriminate directly by deliberately refusing to hire, train, or promote
an individual, for example on any of the prohibited grounds
-Direct
-Employer is also prohibited from differential or unequal treatment (illegal for an
employer to request that only female applicants for a factory job demonstrate their lifting
skills or to insist that any candidates with a physical disability undergo a pre-employment
medical, unless all applicants are asked to do so)
-Indirect (3rd party)- employer cannot ask someone else to discriminate on his/her behalf
(employer cannot request that an employment agency refer only male candidates for
consideration as management trainees or instruct supervisors that racial minorities are to
be excluded from consideration for promotions)
-By association- denial of rights b/c of friendship or other relationship with a protected
group member (refusal of a firm to promote a highly qualified male into senior
management on the basis of the assumption that his wife, who is recently diagnosed with
multiple sclerosis will require too much of his time and attention and that her needs may
restrict his willingness to travel on company business
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Federally regulated employers (federal civil service, crown corporations and agencies, transportation, banking and communications) All other employers (90% of canadian workers) Canadian multicultural heritage rights, first nations rights, minority language rights, equality rights and the right to live and work anywhere in canada, the right to due process in criminal proceedings and the right to democracy. Right to equal protection and benefit of the law without discrimination. Prohibits intentional and unintentional discrimination in employment situations. Also in the delivery of goods and services. Primarily judge-based law, whereby the precedent and jurisprudences set by one judge through his or her assessment of a case establishes how similar cases will be interpreted. Canadian charter of rights and freedoms basic rights for all canadians. Employment standards legislation- minimum terms and conditions of employment. Discrimination is an act that is unfair or prejudiced within the context of prohibited grounds for discrimination. Ageism- discrimination beliefs and behaviours against people because of their age.
