LAW 529 Study Guide - Final Guide: Ontario Human Rights Code
26 Dec 2017
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Chapter 26 - putting human rights law to work. Introduction - ohrc (ontario human rights code) Note: the charter only applies to the government, where as the ohrc applies to all, that including employers. Therefore the ohrc is an extension of the charter. Applies to both private and public sector, unionized and nonunionized. Employment (s. 5(1)) every stage of the employment relationship from hiring to dismissal; includes full- and part-time employment, temp work, probationary periods, volunteer work. Job advertisements : s. 23(1) of ohrc prohibits job advertisements that directly discriminate on the basis of sex and skin colour. Must be job-related as well as objectively necessary and appropriate. Results cannot be used to disqualify a candidate, unless directly undermine ability to perform essential duties. Even then, er is obliged to accommodate ee unless this would create undue hardship. If medical testing is required, all candidates must be tested. Er must maintain confidentiality of test results.
