Question
Read the following scenarios and explain whether Federal Human Rights Law, the Charter of Rights and Freedoms or Provincial Human Rights Law applies. You must
Read the following scenarios and explain whether Federal Human Rights Law, the Charter of Rights and Freedoms or Provincial Human Rights Law applies. You must ensure that your explanation is well reasoned. As such, you must justify each answer by pointing to the legal matters that will trigger the operation of the Charter of Rights or Human Rights Law and analysing these matters based upon the facts presented. You must separate your answer to each scenario.
Elena had been an instructor at a technical college for ten years when she became pregnant. Elena's pregnancy was high-risk and her doctor advised that she would need some changes at work, including a change in hours. Imran, one of her colleagues, told Elena to speak with her manager, Laura, the Associate Dean. At a meeting later that day, Elena told Laura she had a medical issue and would need the accommodations directed by her doctor. Elena did not disclose what the medical issue was but Laura said at some point during the conversation: "You and you husband must be so excited". Elena and Laura agreed to meet again the next morning to continue the conversation. The next day when Elena showed up for the meeting she was instead informed that her employment had been terminated.
b) For several years a major problem has been brewing in Province X. University and College graduates have been unable to find work owing to a lack of employment opportunity. The Province commissioned a study and this revealed that a major part of the problem was that older persons were not retiring and were holding on to their jobs. Because of the lack of employment opportunity, many graduates have been leaving the province to look work elsewhere. This has resulted in an aging population in the Province, a matter which has concerned the government from a demographic perspective. To address the problem, the Province passed a law which stated that all persons must retire at age 60. As a result of the law, Dr. English, a medical practitioner for 40 years was forced to retire at age 63.
c) Kamala started working for Elections Canada in July 2019. In December 2020 she experienced an incident of workplace violence when June, a co-worker grabbed her around the neck. June told Kamala that people like her were not welcome at the agency and that she should "go back to where your own country". After this, there were other incidents when June threatened Kamala. As a result of these incidents, Kamala developed a number of health challenges. She asked her manager to move her to another location so that she would not be forced to have face-to-face contact with June on a daily basis. The manager refused to move Kamala to the other location.
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