Question
1.Is an employee entitled to insist on his or her preferred method of accommodation? 2.What must an employee demonstrate to establish a prima facie
1.Is an employee entitled to insist on his or her preferred method of accommodation?
2.What must an employee demonstrate to establish a "prima facie" case of discrimination? If an employee can demonstrate this, does it mean that the employer has violated the human rights legislation?
3.A mortgage broker's office in Toronto has a policy of not hiring family members of existing employees. The rationale for the policy is that family members may have greater loyalty to family than to the employer, and since theft of money is a major concern for the employer, the policy is for security reasons. Saeed is denied a job by the employer because his father works for the employer, and he files a human rights complaint. Applying the two-step human rights model, discuss whether Saeed's complaint is likely to succeed.
4.In what circumstance does the duty to accommodate in employment arise in human rights law?
5.A restaurant introduces a new rule prohibiting employees who interact with customers from wearing hats at work, explaining that customers have complained that hats look unprofessional in a restaurant setting. Julia wears baseball caps all the time and she is pissed off. Nathan is Jewish and wears a kippah (religious head-covering). Both employees are servers, and they inform the employer that they have a right to keep wearing their hats. When the employer insists that the head gear be removed, both employees file a human rights complaint. Discuss whether those complaints will succeed in your opinion.
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