Question
The employer interviewed a number of candidates for a position in a nursing home that involves lifting patients and other physically demanding work. One of
The employer interviewed a number of candidates for a position in a nursing home that involves lifting
patients and other physically demanding work. One of the candidates, Joan, had limited mobility in her
arm, which was obvious at the interview. The employer did not address the issue, and the interview was
brief. Joan was not hired and filed an application with the Ontario Human Rights Tribunal.
a.
What is the alleged ground of discrimination?
The alleged ground of discrimination is disability discrimination.
b.
Since a discrimination case has been made where does the onus shift?
The onus shifts to the employer to demonstrate that the candidate Joan couldn't satisfy the
fundamental duties of the job even with the accommodation provided. (Filsinger, 2019)
c.
In your opinion, did the employer contravene the Code? Explain your answer.
In my opinion, the employer contravened the code. As the employer took its decision based on
Joan's disability which was not right. The employer supposed to allow Joan to show her
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