Human Rights

Front 1

Purposes of Human Rights Law

Back 1

To protect people from discrimination

To promote participation in society without impediments

To promote equality, respect, and dignity

Front 2

COMPLAINANT

Back 2

a person who makes an allegation

of discrimination

Front 3

RESPONDENT

Back 3

a person who is alleged to have committed an act of discrimination

Front 4

Is the matter a human rights issue?

Back 4

Involves discrimination matters between people with no aspect of the gov’t

Front 5

Do federal or provincial human rights laws apply? (Fed)

Back 5

Matters dealing with federal institutions fall under the Canadian Human Rights Act (banks, airlines, railroads, TV or radio stations)

Front 6

Do federal or provincial human rights laws apply? (prov)

Back 6

Matters dealing with provincial institutions (hospitals, schools), the provincial human rights code applies. Every province has its own (BC Human Rights Code).

Front 7

What is the difference Canadian Human Rights Commission and the Canadian Human Rights Tribunal?

Back 7

Commission –acts like a police force where they receive and investigate complaint, if can’t be resolved, forward it to tribunal; also educates, develops policies

Tribunal – is a like a court, settle disputes

Front 8

Governing bodies:

At federal level,

Back 8

there is a Canadian HR Commission & Tribunal

Front 9

Governing bodies:

At every provincial level,

Back 9

there is a commission and a tribunal, EXCEPT BC

-New Report Says BC Should Have a Human Rights Commission

Front 10

key principles all come from the

Back 10

UN Declaration of Human Rights (1948)

Front 11

What is discrimination?

Back 11

Adverse treatment based on a prohibited ground (race, sex, age, sexual orientation, disability, place of origin, religion, marital status, etc.)

Front 12

what are the top three grounds of discrimination?

Back 12

disability

sex

national or ethnic origin

Front 13

Discrimination can either be:

Back 13

• Intentional
• Ex: I won’t hire a woman for the engineering job

• Unintentional
• Ex: not aware they are doing it but it does discriminate

Front 14

Protection against Discrimination applies to...

Back 14

Publications

Purchase of property

Tenancy

Accommodations, service and facilities

Employment

Employment advertisements

Wages

Unions and Associations

Front 15

exception of protection of discrimination

Back 15

Bona Fide Occupational Requirement (BFOR)

Front 16

Bona Fide Occupational Requirement (BFOR)

Back 16

• A possible defence against what might be considered discrimination

• Requires the employer to show that a particular skill is necessary for the job

• Is the discrimination reasonable, genuine?

Front 17

examples of BFOR

Back 17

counsellors at a rape crisis centre must be female ➢ mandatory retirement ages for airline pilots

only male models for men’s clothing line

President of a Catholic college must be a Catholic ➢ window cleaners must be able bodied

Front 18

Is there a reasonable accommodation up to the point of undue hardship?

Back 18

Burden is on respondent to prove this

Front 19

Reasonable accommodation

Back 19

when an employer removes a barrier or changes a policy so discrimination does not occur.

Front 20

Undue Hardship

Back 20

when that accommodation puts the employer at risk (financial, health, morale or safety)

Front 21

If there is not a reasonable accommodation up to the point of undue hardship, is there a remedy under human rights law?

Back 21

The purpose of human rights law is not to punish the respondent but to compensate victims and prevent similar incidents from happening again.

Front 22

how can you not compensate victims and not punish

Back 22

Letters of apology

Paying lost wages or benefits

Rehire employees

Paying for mental anguish

Setting up anti-harassment/discrimination policies