HUMAN RIGHTS LEGISLATION

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What does Human Rights Legislation protect you from?

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  • indv. rights in the private sector

  • govt isn’t involved

  • right to be treated equally without discrimination

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What are examples of individual rights in the private sector?

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  • access to public facilities ex. restaurant

  • right to not be discriminated against certain grounds

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24 Terms

1
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What does Human Rights Legislation protect you from?

  • indv. rights in the private sector

  • govt isn’t involved

  • right to be treated equally without discrimination

2
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What are examples of individual rights in the private sector?

  • access to public facilities ex. restaurant

  • right to not be discriminated against certain grounds

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What is the Canadian Human Rights Act?

  • applies to federally regulated sectors

  • administered by the Canadian Human Rights Commission

  • doesn’t apply much unless you’re working in the federal sector

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What is the Alberta Human Rights Act (AHRA)

  • protects us in Alberta from discrimination in certain areas and on certain prohibited grounds

  • applies to provincially regulated sectors

  • applies to individuals living in Alberta way more

  • Alberta Human Rights Commission

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What do the Commissions essentially do?

  • if you have a human rights issue, you can seek a remedy by complaining to the commissions

  • rather than suing

  • its easier

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What is the Purpose of Human Rights Legislation?

  • to not be discriminated against

  • ensure access to employment, services, etc. without facing barriers through discrimination

  • prohibits hate messages and discriminatory publications

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What does it mean by the AHRA being Primacy Legislation?

  • it comes first

  • all other acts have to comply with the AHRA

  • similar to how laws have to comply with the Charter

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What is the Code of Conduct?

  • the actual rights we have and expected behaviours within an organization

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In the Code of Conduct, what does it mean to not lodge a complaint “frivolously”?

  • make sure there’s a justifiable reason for why you’re lodging a complaint

  • don’t just lodge a complaint because you feel like it

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What is meant by “Protected Areas”?

  • a setting in which you can potentially be discriminated against

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Protected Areas - Publications, Notices

  • protected from discriminatory hate messages

  • ex. signs, posters, websites, social media posts

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Protected Areas - Goods, Services, and Facilities

  • access these without discrimination → equal access

  • important for indvs. with a physical impairment

  • ex. having elevators or wheelchair ramps

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Protected Areas - Tenancy

  • protected from discrimination when trying to rent an apartment, office space, etc.

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Protected Areas - Employment

  • equal pay regardless of gender

  • equal treatment

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Protected Areas - Membership in Trade Munitions Profession Organizations

  • that having the credentials, you cannot be excluded from these work organizations

  • ex. lawyers part of the Alberta Law Society, engineers part of APEGA

  • doesn’t protect us from private clubs like a golf club

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What are “Prohibited Grounds”?

  • specific characteristics that the law protects individuals from discrimination

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Prohibited Grounds - Age

  • only protected for 18+

  • minors can be discriminated against

    • ex. age discrimination towards minors when they walk into a vape shop

  • only exceptions are seniors

    • senior housing so we exclude younger adults from living in those places

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What was the Vriend v. Alberta case?

  • Vriend was fired from his job at King’s College because he was gay

  • AHR Commission couldn’t help him because sex/homosexuality wasn’t a protected ground in the AHRA and in the Charter

  • Challenged Alberta, brought to the SCC

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Vriend won his case against Alberta. What did the Alberta trial court do after that?

  • appealed to the Alberta Court of Appeal

  • overturned the decision and Vriend lost his case

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What happened after Vriend lost his case against the Alberta Court of Appeals?

  • applied to the SCC

  • SCC decide that sexual orientation be protected in Human Rights and be read into the charter

  • makes other laws therefore comply

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What does “Duty to Accommodate” mean?

  • accommodating people with disabilities, pregnant, religious practices

  • modifying work duties if someone is sick

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Duty to Accommodate Exception - Costly and Inconvenient

  • not forced to accommodate if it would be inconvenient or unnecessary

  • ex. larger buildings needs ramps or elevators bc lots of people. smaller business may not need to accommodate if a disabled person never walks through their doors.

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Duty to Accommodate Exception - Bona Fide Occupational Requirements

  • no duty to accommodate those who do not meet bona fide occupational requirements

  • employer will not accommodate someone who can’t do the job at all

  • ex. petite person tryna be a firefighter. you need someone strong and so they can’t do the job

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Harassment and HR Legislation

  • legislation protects indv. from harassment in the workplace based on any of the protected grounds

  • ex. bullying, derogatory language, racial slurs, etc.

  • employer is responsible if they don’t take disciplinary measures to prevent the harassment