IRE430H1 Chapter Notes - Chapter 26: Disparate Impact, Duke Energy
8 Jun 2020
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Ire 430 chapter 26: putting human rights law to work. No one should have to answer questions in a job interview related to personal characteristics such as their religion, ethnicity, marital status, or sexual orientation. Jurisdictions (with the exception of british columbia) bar employers from asking questions that attempt to elicit information related to prohibited grounds of discrimination. In some situations, it may be lawful to ask questions about prohibited grounds because the human rights statute creates an exception that permits these questions. For example, human rights statutes sometimes permit religious institutions to give hiring preference to people of the religion the institution serves. Human rights tribunals and courts apply a two-step analysis when dealing with complaints. In assessing that first question, human rights tribunals and the courts require that an individual alleging discrimination establish a prima facie case of discriminnation on a prohibited ground.
