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ADMS 3420 (11)


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York University
Administrative Studies
ADMS 3420
Chris Sweeney

Dipika Kapoor 209074683 1. The Human Rights Code prohibits discrimination on a number of listed grounds. However, the HRC also provides a number of exemptions, exceptions or defenses to apparent discrimination. a) How many exemptions, exceptions or defenses are there?  5 b) What are they and where are they found in the HRC?  Special Service Organizations: under s.24 (1)(a)- a religious, philanthropic, educational, fraternal, or social organization that primarily serves people identified by their race, ancestry, place of origin, color, ethnic background. This exemption is limited to situations where preference is reasonable.  Bona Fide Occupational Qualifications: under s.24(1)(b), an employer may discriminate on the basis of age, sex, record of offences, or marital status, if these are genuine requirements of the job  Nepotism Policies: under s.24(1)(d), an employer may choose to hire or not hire, or to promote or not to promote, her spouse, child, or parent or the spouse, child or parent of an employee.  Medical or Personal Attendants: under s.24(1)(c), A person may refuse to employ someone on the basis of any prohibited grounds where the primary duty of the job is attending to the medical or personal needs of the person.  Special Programs: under s.14, an eployer may implement a special program to relieve or promote the status of disadvantaged groups or persons to help them achieve equal opportunity. 2. What is the Duty to Accommodate and when is it triggered? Are there any guidelines as to how far one must go in exercising this duty? In the HRC? In Case Law? The principle of Duty to Accommodate underlies the belief that it is unfair to exclude people on the basis of a prohibited ground of discrimination because their needs are different from those of the majority. The duty to accommodate is most often applied to situations involving disabilities, but it also applies to the other grounds, such as family status. The following 11 grounds of discrimination are prohibited under the Canadian Human Rights Act:  Race;  National or ethnic origin;  Colour;  Religion;  Age;  Sex (including discrimination because of pregnancy or childbirth);  Sexual orientation;  Marital status;  Family status;  Disability  Conviction for an offence for which a pardon has been granted. Dipika Kapoor 209074683 Duty to accommodate is not l
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