LAW 529 Lecture : Chapter #5 Human Rights Issues.docx
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27 Feb 2012
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The hrc requires an er to maintain a workplace that is free from discrimination and harassment. It must make all employment decisions, including those related to training, transfers, promotions, apprenticeships, compensation, benefits, performance evaluations, discipline, layoffs, and dismissals, on a non-discriminatory basis. Term discrimination is not defined in the code. Where a job requirement is justifiable, if it affects certain individuals or groups adversely and touches on a prohibited ground of discrimination, and er has an obligation to accommodate that ee or group if possible. The duty to accommodate requires the er to modify the rule for those negatively affected unless doing so would create undue hardship for the er. In 1985, the ontario govt amended the code to expressly include the notion of constructive. Section 11 provides that a rule that results in discrimination infringes the code unless it is a bona fide occupational qualification or requirement (bfoq)
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