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constructive discrimination

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read May 26, 2016

The duty to accommodate revisited: H.T. v. ES Holdings Inc. o/a Country Herbs

The duty to accommodate presents itself to employers in many forms. While the most common accommodation involves a disability, often there are other grounds for accommodation that an employer must address as illustrated in H.T. v. ES Holdings Inc. o/a Country Herbs.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights, Payroll, Union Relations / adverse discrimination, BFOR, constructive discrimination, creed, discrimination, duty to accommodate, duty to accommodate in the workplace, employment law, Human Rights in employment, human rights legislation, Kevin Sambrano, mandatory training, Meiorin, Ontario Human Rights Tribunal, policies and procedures, prima facie discrimination, religious accommodation, religious beliefs, termination, undue hardship

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read June 27, 2014

Constructive discrimination: The case of Tawney Meiorin

Constructive or adverse discrimination in employment occurs when rules or standards are established that do not discriminate at first glance, but have an adverse effect on persons whose rights are protected under human rights legislation. In such a case, the burden shifts to the employer to establish that such rules or standards are essential to the job, also known as bona fide occupational requirements (BFOR’s. British Columbia (Public Service Employee Relations Commission) v. BCGSEU is the leading case which addresses this issue. This seminal human rights case from the Supreme Court of Canada established a three-part test which has become the standard to evaluate constructive discrimination.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights, Payroll, Union Relations / accessibility, bfoq, BFOR, British Columbia (Public Service Employee Relations Commission) v. BCGSEU, canadian employment law, constructive discrimination, Constructive or adverse discrimination, discrimination, duty to accommodate, employment contract, employment law, firefighter, human rights code, Human Rights in employment, human rights legislation, Kevin Sambrano, Meiorin, Paralegal Candidate, policies and procedures, prima facie discrimination, Tawney Meiorin, terminations, undue hardship

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