1. According to the BC Human Rights Code (the “Code”), must an Employer intend to discriminate in order to be found in violation of the Code? Explain your answer.
2. What Sections of the Code speak specifically to an individual’s protection against discrimination and inequality as follows:
a. During the hiring process.
b. While they are employed?
c. Briefly explain what actions/activities these sections seek to protect.
3. On what grounds/basis can a complaint of discrimination in the employment context be launched in BC (these are known as the “protected” or “prohibited” grounds)?
4. Indicate whether you think an Employer can avoid a claim for discrimination during the hiring process by contracting with an Employment Agency to carry out the hiring? Be sure to explain your reasoning.
5. The Code allows discrimination to take place in certain specific circumstances. Locate and explain these exceptions. (HINT: A full answer will include Sec. 13 as well as the exceptions found elsewhere in the Code – look near the back!)
6. Section 43 provides protection to an employee who exercises their rights under the Code. This is known as an “Anti-Reprisal” or a “protection” clause. Why do you think this clause is important?
7. You have now read about bona fide occupational requirements (BFORs). Explain how a bona fide occupational requirement is established. Include the three-part test set out by the Supreme Court of Canada (Hint – re-visit readings and your study notes for a complete answer)
8. When does a “duty to accommodate” arise? How far must an employer go to accommodate?
9. Answer the following:
a. Where does a pregnant woman find her protection under the BC Code?
b. Under which prohibited ground would she be protected?
c. What do you believe are some of the common mistakes/violations an employer may make when it comes to managing a pregnant employee?
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