EMP_Chapter_5__Human_Rights_Issues_Duty_to_Accommodate__etc._

Human Rights Code

Legislation that requires employers to maintain a workplace free from discrimination and harassment.

Direct Discrimination

A form of discrimination where an employer directly excludes or treats an individual unfairly based on a protected ground.

Adverse impact discrimination

Discrimination that occurs when a seemingly neutral rule disproportionately affects a protected group.

Duty to Accommodate

An employer's obligation to adjust the workplace to meet the needs of employees with disabilities.

Undue Hardship

The limit to accommodation where the costs or changes required are too significant for the employer.

BFOR (Bona Fide Occupational Requirement)

A legitimate requirement that is necessary for the performance of a job, which may justify discrimination.

Harassment

Abusive and annoying behavior in the workplace that violates an individual's right to work free from discrimination.

Vicarious Liability

An employer's legal responsibility for the discriminatory actions of its employees.

Competing Human Rights Situation

A situation where accommodating one individual's rights would infringe upon another individual's rights.

Accommodation Process

The steps that need to be taken by both employer and employee when a request for accommodation is made.

Marijuana Use in the Workplace

The obligation to permit employees to use marijuana for medical purposes, subject to certain limitations.

Examples of Workplace Accommodations

Changes made by an employer to help employees perform their jobs effectively, such as building ramps or modifying work hours.

Sexual Harassment

Unwanted sexual advances made by a person in the workplace in a position of power.

Poisoned Work Environment

A workplace atmosphere that is hostile due to discriminatory comments or actions.

Rehabilitation Efforts

Attempts made to help an employee overcome a substance abuse issue and return to work.

Financial Awards for Discrimination

Monetary compensation for damages caused by discrimination, including injury to dignity and feelings.

Employee Assistance Program

A program used by employers to provide support to employees dealing with personal issues, including substance dependence.

Subtle Forms of Harassment

Harassment that requires the victim to address the behavior before it becomes legally actionable.

Three-Part Test for Discriminatory Rule

Criteria for justifying a discriminatory job requirement, including rational connection, good faith belief, and reasonable necessity.

Reinstatement Orders

Legal requests for an employee to be returned to their position following wrongful termination.

Religious Observances Accommodation

The requirement for employers to allow time off for employees' religious practices.