ADJ-1 Lecture Notes - Lecture 32: Equal Protection Clause, Retail Clerk
26 Oct 2020
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No muslims or gays served in this restaurant . Also known as adverse impact or nonintentional discrimination. Neutral rule or practice that has discriminatory impact/result. All employees must be available to work friday evenings . Entrenched pattern of discrimination against disadvantaged group. I. e. low wages for women; aboriginal peoples occupy only low-end jobs; persons with disabilities not getting promotions; etc. Leading human rights legal principles: human rights legislation is not ordinary law. *example: restaurant refuses you because of your disability, must go through human rights process: charter is part of canadian constitution, therefore human rights legislation must not be under- inclusive. Example: alberta and sexual orientation: charter and human rights rulings influence each other. Duty to accommodate is now part of canadian human rights law: 2. Indirect or non-intentional discrimination is now part of canadian human rights law: andrews v. law society of british columbia (scc, 1989, mark andrews was a british citizen, permanently living in canada.
