Issues of Discrimination in Canadian Employment Law

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Added on  2023/06/10

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AI Summary
This article discusses various issues of discrimination in Canadian employment law, including discrimination against minorities, women with children, Irish people, left-handed applicants, and blind people with guide dogs. It also covers sexual harassment and religious discrimination at the workplace. The article cites relevant laws and regulations and provides guidance on how to file a complaint with the Human Rights Tribunal.

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1BUSINESS LAW
Business Law
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Issue 1
Discrimination against minorities who want Canadian live-in resident manager
Under the federal act Employment Equity Act, it is mandated that business and
organizations are regulated federally which ensures equal employment opportunities which are
specifically provided to Aboriginals and other visible minorities (Jain, Sloane & Horwitz, 2015).
Their issue that arose was regarding the employment of Yasmin as she belonged to a visible
minority in Canada which is not in accordance with the Employment Equity Act. There is a
provision to file for compliant in case there is a discrimination and the complaint has to be
lodged in the Human Rights Tribunal.
Issue 2
Married woman not hired who have children but justified reason
Under the Canadian Human Rights Act there is a strict prohibition of discrimination in
employment within the jurisdiction of the Federals. These provisions prohibit any discrimination
which is based on family status and marital status. The ground that arose in this case was that
women with children were discriminated in employment as it was stated that if their children will
be unwell they will not be able to work on those days (Howard-Hassmann, 2018). This is a clear
ground of discrimination against women and in c=such cases a complaint can be lodged to the
Human Rights Commission to ensure there is no further discrimination.
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Issue 3
Irish Not Allowed
The Canadian Human Rights Act prohibits any discrimination on the grounds of race and
nationality. The issue that arose is that the building hiring was that Irish people shall not be hired
and therefore they are barred from applying. The right to protection and equality has been
infringed and the right to equality also includes the right to job and employment. Yasmin has the
power to lodge a complaint against the discrimination under the Human Rights Commission.
Issue 4
Left handed applicants only allowed
A discrimination shall only be allowed if the qualification is that of:
1. Rational and related to the function that is being performed.
2. The action has been adopted in good faith and belief.
3. The accommodation can only be done without causing any hardship to the employer.
The organization in the present case is involved with the assortment of gadgets and therefore
Jill hires only left handed people believing that the employees will understand the frustration
and shall empathize with the left handed people. Here the discrimination is done on good
faith and therefore it is justified.
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4BUSINESS LAW
Issue 5
Pressurizing an employee to take religious classes to enure they “fit in’
According to the Human Rights Code religious freedom is very important and it upholds
that religious practice is allowed to the point that it does not cause any undue hardship to
others in terms of their health and safety.
Brittany was forcibly made to attend religious classes in a church which is a case of
deprivation of religious freedom and therefore it is prohibited under the Canadian Human
Rights Act as also under the Human Rights Code.
In such cases, a complaint can be lodged with the Human Rights Tribunal if such
discriminatory practise takes place.
Issue 6
Sexual harassment at workplace
The Human Rights Code prohibits any act that amounts to sexual harassment at workplace
and therefore it is a clear violation of human rights under the Human Rights Code in Canada.
Yasmin was sexually harassed as sexual jokes were cracked with her and was also asked to
go out on drinks. Therefore Yasmin can file a case with the Human Rights Tribunal.
Issue 7
Not allowing blind dog for guide
The Blind Person’s Rights Act, RSA 2000, c B-3 along with the Human Rights Act of
Canada states that blind dogs have to accompany blind people in public places and if that is
not allowed, it shall be a clear case of discrimination and violation of human rights.

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Therefore, the cafeteria by not allowing the blind dog has discriminated against him and
therefore Lionel was not allowed to enter the cafeteria.
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References
Blind Person’s Rights Act, RSA 2000
Canadian Human Rights Act 1977
Employment Equity Act, No 55 of 1998
Howard-Hassmann, R. E. (2018). Human rights and the search for community. Routledge.
Jain, H. C., Sloane, P., & Horwitz, F. (2015). Employment Equity and Affirmative Action: An
International Comparison: An International Comparison. Routledge.
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