Fall 2022

DUTY TO ACCOMMODATE AND UNDUE HARDSHIP

With regard to Central Alberta Dairy Pool v. Alberta (Human Rights Commission), 1990 CanLII 76 (SCC), [1990] 2 SCR 489, , Sutherland v Apollo Sunrooms Inc., 2018 AHRC 13 (CanLII), and section 7 of the Alberta Human Rights Act (AHRA), RSA 2000, c A-25.5, please answer the following questions.

1. How does the Supreme Court of Canada define and characterize the duty of an employer to accommodate employees who are members of a protected classes listed in section 7(1) of the AHRA? (25%)

1. What is a bona fideoccupational qualification or requirement (BFOR)? (10%)

1. What is "undue hardship" in the context of the duty to accommodate? What factors must be assessed to determine if the employer has reached the point of undue hardship? (25%)

1. Employment discrimination occurs when an employer (a) refuses to employ or refuses to continue to employ any person, or (b) discriminates against any person with regard to employment or any term or condition of employment based on membership in one of the protected classes in section 7(1). What three items must a complainant show to establish a prima facie case of discrimination? (15%)

1. What is "direct discrimination" and "adverse effect discrimination" and how are they affected by a BFOR? (15%)

1. What are the employee's duties within the accommodation process?(10%)