Employment Law Ch 2 and 5- Human Rights: Hiring and Employment Contract (Issues) Meiorin Case Test: - Answer: Determine whether an employer's set rule or job qualification is discriminatory. The three-part test is: - Is the rule/qualification adopted for a purpose rationally connected to the performance of the job. - Was it adopted in an honest belief that it was necessary to satisfy a legitimate business purpose. - Is the rule/qualification reasonably necessary to accomplish that purpose. The OHRC prohibits discrimination - Answer: 16 grounds: Race, Colour, Ancestry, Place of Origin, Ethnic Origin, Citizenship, Creed, Sex, Sexual Orientation, Age, Record of Offences, Marital Status, Family Status, Disability, Gender Identity and Gender Expression In addition to the 16 grounds the OHRC: - Answer: - prohibits discrimination because of association (based on a relationship with someone who falls into one of the 16 grounds listed) - protects the rights of individuals to enforce their rights without the fear of reprisal (punishment) Bona Fide Occupational Qualification test (BFOQ) - Answer: The employer has the obligation to prove that it was impossible to accommodate an individual/group without creating undue hardship to itself. Employment Law Ch 2 and 5- Human Rights: Hiring and Employment Contract (Issues) The OHRC is interpreted broadly and liberally and is considered quasiconstitutional: - Answer: This means that if another statute conflicts with the OHRC, the OHRC will prevail unless the legislation specifically stipulates that it is operating despite the Code Exemptions for discrimination under the OHRC exist as follows: - Answer: - Not for profit special service organizations - BFOQ - Nepotism policies (for and against) - Medical/personal attendants (home care only) - Affirmative action programs OHRC seeks to prevent discrimination: - Answer: it requires advertisements, application forms, interviews and testing to be in compliance with the Code Employers and the OHRC - Answer: - Should document their decisions and the reasons for the hiring process to prevent allegations of discrimination. - Job descriptions should be up to date and reflect needs, expectations and essential tasks. - Where a job requirement may negatively affect an individual or group it should be scrutinized carefully as the employer has a duty to accommodate unless it will cause undue hardship - The employer must prove undue hardship on a balance of probabilities -If an employer uses an employment agency both the employer and the agency are bound by the OHRC