INTRODUCTION: - Answer: The Ontario human rights code requires an employer to maintain a workplace that is free from discrimination and harassment, Employers must make all employment decisions on a nondiscriminatory basis. WHAT CONSTITUTES DISCRIMINATION - Answer: While discrimination is not defined in the code courts have recognized it as both intentional acts of exclusion and hidden or unintentional acts: - section 11 of the code recognizes constructive discrimination, also called adverse impact discrimination. WHAT CONSTITUTES DISCRIMINATION (continued): - Answer: Employers have a duty to accommodate negatively affected employees up to the point of undue hardship. Systemic or institutional discrimination refers to policies or practices that may be neutral on their face but have discriminatory effects. E.g. Police officers must be 6 feet tall. WHAT CONSTITUTES DISCRIMINATION (continued): In the Meiorin decision, the Supreme Court of Canada set out a three-part test for determining whether a discriminatory rule or qualification is justifiable: - Answer: 1. Employer must demonstrate that a rational connection exists between the purpose for which the standard was introduced and the objective requirements of the job. EMPLOYMENT LAW - CHAPTER 5 - HUMAN RIGHTS ISSUES: DUTY TO ACCOMMODATE, HARASSMENT, ACCESSIBILITY STANDARDS WHAT CONSTITUTES DISCRIMINATION (continued): - Answer: 2. The employer must demonstrate that the standard was adopted in an honest and good faith belief that it was necessary for the performance of the job. 3. The employer must establish that the standard was reasonably necessary to accomplish that legitimate work-related purpose, THE DUTY TO ACCOMMODATE: - Answer: Accommodation means tailoring a workplace to meet the needs of an individual employee. THE DUTY TO ACCOMMODATE: (continued): The Ontario Human Rights Commission has outlined the obligations of involved parties, including that: - Answer: - Employers should accept the request for accommodation in good faith & a timely manner, investigate solutions, maintain confidentiality, & provide explanation when a request would cause undue hardship, THE DUTY TO ACCOMMODATE: continued): The Ontario Human Rights Commission has outlined the obligations of involved parties, including that: (continued): - Answer: - Employees should request accommodation & provide info about relevant restrictions, participate in discussions regarding solutions, & meet job standards once accommodation is provided. THE DUTY TO ACCOMMODATE: continued)