Problem
A. Under the common law, the employment relationship is based on the principle of "freedom of contract". To what extent is employment law in Ontario still based on that principle? Should it be? Provide examples in supporting the answer.
B. There are currently 16 prohibited grounds of discrimination under Ontario's Human Rights Code. What, if any, prohibited grounds should be added to Ontario's Human Rights Code? Provide examples.
C. Has Ontario's human rights law achieved the promise set out in its Preamble? In explaining the answer, use a range of examples based on case law.
D. Summarize the facts, issue, and decision of the Sangha case discussed. Do you agree with this decision? Support the answer with some explanations
E. Under Ontario's Human Rights Code, employers have a "duty to accommodate" employees who are negatively affected by a workplace rule or requirement if it touches on a prohibited ground of discrimination (e.g. disability, family status). If it does, an employer must accommodate that employee "to the point of undue hardship." This can place significant obligations on an employer. Do you think an employer's obligations in this area are fair to both employers and employees? Explain your answer by citing examples from the textbook, or based on research Goran Petrovic on who worked as a truck driver for a British Columbia company duty to accommodate case (Goran Petrovic and TST Overland Express, Re, 2021 CHRT 26 (Can. Human Rights Trib.)