Problem
A. What is the duty to accommodate? Source: Alberta Human Rights Act, A-25.5 (2000 & Supp. 2015).
B. The principle of accommodation involves three factors. List the three factors?
C. Outline the courts' three-part test to assess whether a discriminatory rule is a bona fide occupational requirement.
D. List three factors the courts will consider when assessing whether the duty to accommodate has been met.
E. Distinguish between an employee and an independent contractor. List three tests the courts have developed to determine if an employment relationship exists.
F. List two reasons why it is important to ascertain if an employment relationship exists.
G. List three ways that parties who want make a principal-independent contractor relationship can minimize the risk that their relationship will be viewed as employer-employee.
H. We discussed several issues that can affect the enforceability and interpretation of written employment contracts. List and discuss two issues that may affect the enforceability of an employment contract.
I. The Alberta Employment Standards Code applies to 90% of the employees employed in Alberta. List two classes of workers who are outside the jurisdiction of the Alberta Employment Standards Code.
J. List two circumstances where an employer in Alberta can make deductions from an employee's wages?
Source: Alberta Employment Standards Code, E-9 (2000 & Supp. 2014).