Employment Law Assignment: Analyzing Discrimination in the Workplace

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This assignment solution addresses an employment law problem, focusing on discrimination in the workplace as per the Alberta Human Rights Act. It analyzes seven circumstances of discrimination, including discrimination based on nationality, marital status, religion, physical disability, and sexual harassment. The solution identifies relevant sections of the Alberta Human Rights Act (2000) that prohibit such discriminatory practices. It outlines the legal claims that can be raised by individuals facing discrimination and explains the process for filing a complaint with the Alberta Human Rights Commission. The assignment emphasizes the importance of avoiding discrimination in employment and provides a framework for understanding and addressing workplace discrimination issues. The solution also references key legal concepts and relevant sections of the Alberta Human Rights Act to support the analysis.
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Running Head: UNEMPLOYMENT
Employment Assignment
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Affiliation
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Employment 2
Employment Assignment
Seven Circumstances with employment issues
According to the Alberta Human Rights Act, acts of discrimination should be avoided in
the areas of employment. Discrimination can be said to happen when one faces
discrimination because of age, religion, sex, ancestry, gender expression, physical disability
or marital status- just to mention but a few. In the scenario at hand, these are the
circumstances of discrimination that can be identified, (Banerjee, Reitz &, Oreopoulos,
2018).
1. Discrimination against a minority group by the apartment owner because they only
rent out to “Canadians”
2. Discrimination as a result of her marital status and presence of children from the
marriage
3. Discrimination against her nationality- Irish people are not allowed to apply
4. Discrimination against religion- the need to join a certain religion for one to be
employed.
5. Discrimination against Lionel who has vision impairment
6. Discrimination against physical appearance- Yasmin is not left-handed.
7. Sexual harassment faced by Yasmin
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Employment 3
Legislation that governs the circumstances above
Acts of discrimination are prohibited and addressed by the Alberta Human rights Act,
2000. Section 7 of the Act prevents employers from discrimination against anybody who
seeks employment whether married or not, male or female or having any form of physical
disability. In relation to the scenario and circumstances provided above, these are the claims
that can be raised, (Noe, Hollenbeck, Gerhart &, Wright, 2017).
1. According to the Act- Section 7, one should not be discriminated because of her
place of origin. A claim can be raised against the employer under the support of
section 20(1) which sets the grounds where one has a reasonable belief that the
employer is contravening the Act.
2. Section 7 of the Act prevents discrimination against one’s marital status. Yasmin has
married hence the denial of work opportunity. She can raise a claim as set out in
section 201(1)
3. Employers should not discriminate against the place of one’s origin or ancestry. As
such. Section 20(1) of the Act also supports this
4. Section 7 stills prevent discrimination against religion. This is enforced by section
20(1) too and Yasmin has sufficient grounds to claim this
5. Lionel faced discrimination because if his inability to see properly. He needs the help
of his pet. Discrimination against this is prohibited by section 7 and stated in section
20 (1)
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Employment 4
6. Being left-handed, Yasmin has been discriminated against because this prevents her
from getting a job. As such, section 20 (1) prevents employees from doing so
7. Yasmin faces sexual harassment from her manager and this is not tolerated by
section 7. Sexual harassment should be avoided and this affects one’s performance
when at work.
The process to make a complaint
From the scenario above, Yasmin, and Lionel can make formal complaints because of
the discrimination experiences stated above. In addition, this can be made by any individual
that is being discriminated against, (Jones, Finkelstein & Koehoorn, 2018). As such, Yasmin,
for instance, can file a complaint with the Alberta Human Rights Commission within a period
of one year after the act of discrimination was committed. When calculating the time, one
should consider it from the date that the alleged incident was experienced. It is advised that
applicants of these complaints should avoid the use of emails, but use a regular mail, or
make a phone call to the commission for specific queries.
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Employment 5
References
Alberta Huma Rights Act, 2000 Sections 7 & 20
Banerjee, R., Reitz, J. G., & Oreopoulos, P. (2018). Do Large Employers Treat Racial
Minorities More Fairly? An Analysis of Canadian Field Experiment Data. Canadian
Public Policy, 44(1), 1-12.
Jones, A. M., Finkelstein, R., & Koehoorn, M. (2018). Disability and workplace harassment
and discrimination among Canadian federal public service employees. Canadian
Journal of Public Health, 1-10.
Noe, R. A., Hollenbeck, J. R., Gerhart, B., & Wright, P. M. (2017). Human resource
management: Gaining a competitive advantage. New York, NY: McGraw-Hill
Education. 3(1), 12
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