LAW 529 Lecture Notes - Lecture 4: Fide, The Employer, Legal Tests

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Peter Wilson

Document Summary

Introduction: at the heart of the prohibitions against discrimination in employment is the employer duty to accommodate. Bo(cid:454) (cid:1006)(cid:1013). (cid:1005) [(cid:862)o"malley(cid:863): ruled that indirect (or not intentional) discrimination is prohibited, employer obliged to accommodate an employee who is a victim of indirect discrimination to the point of undue hardship. The development of the duty to accommodate by the supreme court of canada in the 1990s. In the o"malley case, the scc did not provide details on the duty to accommodate in its decision: ref. Box 26. 3 central alberta dairy pool v. alberta (human rights commission), [1990] Scc: refusal to grant employee time off to observe a religious holiday was indirect discrimination on the ground of religion, employer must accommodate to point of undue hardship, ref. In arguing for an exemption from a claim of discrimination on the grounds of a bona fide o(cid:272)(cid:272)upatio(cid:374)al (cid:396)e(cid:395)ui(cid:396)e(cid:373)e(cid:374)t (cid:894)(cid:862)bfoq(cid:863)(cid:895), the e(cid:373)plo(cid:455)e(cid:396) (cid:373)ust a(cid:272)(cid:272)o(cid:373)(cid:373)odate the employee to the point of undue hardship: ref.