Assignment 10 HRM3420 F 2021 Q&A
- In what circumstance does the duty to accommodate in employment arise in human rights law?
- Describe the key factors that are considered in assessing whether accommodation would impose “undue hardship.”
- After Seneca v Bhadauria, Honda v Keays etc. we know that there is no free-standing right to sue civilly for a Tort of Discrimination.
- a) Where, in the HRC, do we find that knowledge that you cannot bring a civil law suit for discrimination supported?
- b) Does a civil court have any ability to deal with discrimination?
- c) What are the differences in the powers a civil court has versus the powers the Human Rights Tribunal has?
- Is an employee entitled to insist on his or her preferred method of accommodation?
- A local Irish-themed restaurant has a policy of hiring only red-headed, green-eyed female servers. Identify hypothetical job applicants who would not be hired under this policy and any argument they could make that would establish a prima facie case of discrimination.
- Describe the four-step process that should be applied by an employer when assessing whether accommodation of an employee’s disability is possible.
- A restaurant introduces a new rule prohibiting employees who interact with customers from wearing hats at work, explaining that customers have complained that hats look unprofessional in a restaurant setting. Tim wears baseball caps all the time and he is pissed off. Avi is Jewish and wears a kippah. Both employees are servers, and they inform the employer that they have a right to keep wearing their hats. When the employer insists that the head gear be removed, both employees file a human rights complaint. Discuss whether those complaints will succeed in your opinion.
- A financial services business in Ottawa has a policy of not hiring family members of existing employees. The rationale for the policy is that family members may have greater loyalty to family than to the employer, and since theft of money is a major concern for the employer, the policy is for security reasons. Sandra is denied a job by the employer because her mother works for the employer, and she files a human rights complaint. Applying the two-step human rights model, discuss whether Sandra’s complaint is likely to succeed.
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