HRM 3420 Study Guide - Final Guide: Fide, The Employer

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Remember that the code does not prohibit every type of differential treatment of employees. Code only governs conduct that falls within one of the grounds that the government has elected to protect. If the employee"s claim does not fall within one of the prohibited grounds in section. The code allows for some types of discrimination to occur, even when the discrimination on the basis of a prohibited ground. You can think of these exemptions as defences available to the employer who is accused of discrimination under the code. Discrimination on the basis of disability, when the employee/job applicant is unable to perform the essential elements of the job. (section 17) Pay attention to how this section is worded. It says an employer can discriminate on the basis of disability when a disabled worker is unable to perform the essential duties of a job.

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