Assignment
A. List the five social areas identified by the Human Rights Code where an individual's rights are protected against discrimination. While doing so define the term for discrimination and harassment as it related to Human Rights. (Refer to text for further definition)
B. Provide a description of what exceptions exist in the Code to allow for discrimination in employment?
C. Cassey applied for a position as a supervisor at a retail store. The employers dress code requires employees to be "neatly groomed in their appearance" and avoid any display of tattoos or piercings. The employer refused to hire Cassey because she had a nose ring. She decides to file an application through the Human Rights Tribunal.
a. What is the alleged ground of discrimination?
b. As per the Code did the employer violated Casseys rights?
D. After a job interview, Zhou mentioned that he was a recovering cocaine addict. The employer refused to continue the interviewing process because the position that was being interviews for was a safety-sensitive area. The employer advised the potential employee that their history did not work with the culture of the store.
a. What is the social area that identified in the Code that was affected?
b. As per the Code did the employer violate the candidates' rights, and if yes how?
E. Mary was hired by Mountain Equipment Gear in 2012. She had suffered from, and had been treated for depression throughout the years. Mary is seen as a difficult employee: her supervisor describes her as short-tempered, manipulative, and disruptive. One behaviour that is particularly resented by her manager is her habit, after receiving directions from a manager, of checking with other managers and co-workers in the store to see whether those directions are being consistently applied. In 2019, Mary went off work on stress leave for depression The supporting documentation sent to the disability insurance provider makes it clear that her depression related to her work situation. It indicates friends, and co-workers have quit because of stress, she has had four different managers in less than two years, and there is frequent bullying and verbal abuse by managers. When she returns to work two months later, she continues with the behaviour that had most upset her supervisor: questioning instructions and checking with other managers to see whether those instructions were consistently applied. She has been advised by the supervisor to not do so - but continues to do so. Mary was terminated for insubordination four months when she returns from stress leave.
a. Has the employer violated the employees' rights? If yes/no explain why based on the legislation, and lectures.
F. You have a client come into your office and you have agreed to accept their case. In 2010 Justin was charged with and plead guilty to shoplifting. He received an unconditional discharge. He had applied and received a pardon in 2014. Justin applied to be a police officer in Toronto, however, due to his past charge the application was rejected on the ground that he did not meet the Toronto police service strict hiring standards that require their candidates to be of "good moral character". Justin files a human rights claim at the HRTO alleging that his rights were violated. The police respond that the misconduct itself, not the charge, brought his moral character into question.
a. Identify the alleged ground of discrimination?
b. Discuss possible arguments that Justin could make to support his claim - include legislation through the Employment law that you have learned thus far, and the Human Rights Code of Ontario that the police might be able to make in order to support their position.
c. Would Justin be successful in his claim? Explain your answer, and apply relevant legislation applicable.