Law 2101 Chapter Notes - Chapter human rights: Nanny, Absenteeism, Harvard Step Test
Document Summary
Canadian human rights- duty to accommodate/ gender, religion, disability, family status: Demonstrated imposs accommodate individ employees sharing charact claimant w/o imposing undue hardship upon employeer. Step 2: legit gen purpose est, adopted standard honet and good faith belief nec accomplishment purpose, no intention discrim against claimant, subjective element, not ess, may struck down not reasonably nec/ motivated discrim, cannot bfor. Introduction: est prima facie case discrim- burden shifts gov demonstrate aerobic standard bfor= failed discharge burden and cannot rely defence code. Steps 1 and 2: gen purpose imposing not disputed- perf job safely and efficiently, not intend discrim but retained researchers sought ident non-discrim standards. Conclusion: not bfor and wrongfully dismissed on basis aerobic standard. Include any substantive parental obligations like childcare- interp liberal and purposive manner- not extended hr protection personal fam choices (ex extracurriculars) Immutable/ const immutable characteristics, form integral comp legal relationship b/w parent and child- not voluntary fam activities.
