Week 5 Reading Comprehension Questions

Question 1
Statutes often have mechanisms (internal aids) that assist with the interpretation of their
meaning (See Chap 1). List the internal interpretation mechanisms contained within the
BC Human Rights Code (the “Code”).

BC Human Rights Code is the law of British Columbia which guarantees the
human rights by making sure about against partition and harassment. It is a law
to abuse or bother a person due to their: 

 Religion, age 
 race, concealing, spot of origination. 

 conjugal status or family status 

 Physical or mental powerlessness 

 sex, sexual heading 

 political conviction 

 criminal conviction 

 Authentic wellspring of income

The Internal Interpretation frameworks contained in the BC Human Rights

Code decides eight area of district over which it has position to deny isolation
they are: 

 Severe Publication. 
 Unfair in settlement, organization and office. 

 Unfair in securing of property. 

 Unfair in inheritance premises. 

 Discriminatory in business promotions. 

 Unfair in pay. 

 Unfair in business.

 Unfair by affiliations and affiliations.

Question 2
Must an Employer intend to discriminate in order to be found in violation of the Code?
Explain your answer (Hint – Start by reviewing the Code, beginning with the table of
contents).

You don't have to show that the interviewee intends to take advantage of you. Isolated
points or motives are not enough to show detachment. The Tribunal's request revolves
around how the defendant's actions have negatively affected you.

There is some sort of code intervention, including showing the perspective of the
interviewee. Section 8 of the Code denies "responses" that confer or limit male benefits
under the Code. This suggests that the requester must demonstrate that the responder
participated in the proposed action as a control for mentioning or enforcing the code's
interests.

Question 3
What Sections of the Code speak specifically to an individual’s protection against
discrimination and inequality during the hiring process and during employment? What do
these sections protect? Explain your answers.

Article 14 of the Human Rights Act helps an individual to get protected against
discrimination and inequality during the hiring process.

Article 14: protection from discrimination

The act protects the individual to get discriminated on the basis of sex, color, nationality,
origin, food, clothes, language, lifestyle, talking style, material status, age, disability. It
provides great relief to the employees as they can sue their employer is they feel they
have been discriminated on any of the listed grounds.

Question 4
What are the grounds upon which a complaint of discrimination can be launched (known
as the “protected grounds” or “prohibited grounds”)?

There are mostly 14 refused grounds. It is against law to isolate representatives

under these 14 grounds. 

1. Race 
2. Shading 
 3. Religion 

4. Parentage 

5. Spot of Origin 

6. Ethnic Origin 

7. Citizenship 

8. Sex (checking pregnancy, sexual direction character) 

9. Sexual Orientation 

10. Age 

11. Conjugal Status 

12. Family Status 

13. Incapacity 

14. Record of offenses

Question 5
Explain whether you think an Employer can avoid a claim for discrimination during the
hiring process by contracting with an Employment Agency (external recruiter) to carry
out the hiring? Be sure to explain your answer.

Question 6
The Code allows discrimination to take place in certain specific circumstances. Locate
and explain these exceptions (Hint – Start by reviewing the Code, beginning with the
table of contents).

A person’s experience of discrimination is ofte4n linked to the compounding effects of

multiple grounds. Based on their unique combination of identities, people may be
exposed to forms of discrimination and may experience significant personal pain and
social harm that come from such acts of discrimination. The right to equal treatment with
respect to employment, protects personal in all aspects of employment, including
applying for a job , recruitment, training, transfers, promotions, terms of apprenticeship,
layoffs and termination. It also covers pay, code of conducts, overtime, holidays,
be4nefits, shift work, performance evaluations and discipline.

Question 7
What protection does the Code provide to those Employees who file a complaint against
their Employer? (Hint – Start by reviewing the Code, beginning with the table of
contents)

The Human Rights Code states that no person shall retaliate against any person for:
making or likely to make a complaint, being named or likely to be named in a
complaint.

Question 8
Section 13 speaks to a bona fide occupational requirement (BFOR). Explain how a bona
fide occupational requirement is established. Include the 3-part test set out by the
Supreme Court of Canada.

The Canadian Supreme Court has developed a three-step test to determine whether a
criterion that appears to be discriminatory is a bona genuine occupational requirement
(BFOR). The employer must show one of the following in order to confirm that the
standard is in fact a BFOR:
1. that the employer adopted the standard for a purpose rationally connected to the
performance of the job.
2. that the employer adopted the standard in an honest and good faith belief that it
was necessary to the fulfilment of that legitimate work-related purpose; and
3. that the standard is reasonably necessary to the accomplishment of that legitimate
work-related purpose.
This strategy is based on the requirement to create standards that consider the potential
contributions of every worker without placing an unnecessary burden on the business. It's
referred regarded as the employer's "duty to accommodate." The criterion in question
might not meet the BFOR requirement if there are no accommodations that can be made
without causing undue hardship.

Question 9
What is the duty to accommodate and when does it arise?

Duty to accommodate refers to the requirement to treat an employee differently in

situations where he or she has a physical, mental, or learning disability. This is done to
help the employee carry out his or her job responsibilities responsibly and to prevent
further discrimination. It occurs when an employee treats them differently due to their
impairment (as mentioned above), making it difficult for them to do their jobs properly.
Providing a wheelchair to a worker with a mobility handicap, for instance
Question 10
Explain the concept of “undue hardship” in your own words.

By definition, no one should be forced to serve in a case when doing so would put them
through hardship that is not their fault. According to human resources jargon, after the
employer has fulfilled its obligation to accommodate, there comes a time where there are
financial, health, and safety risks, or when the business must obtain outside funding to
keep the person on the payroll. At this stage, which is also known as the "point of undue
hardship," an employer may lawfully argue that continuing with business as usual will
put the employee out of a job.

Question 11
Where does a pregnant woman find her protection under the BC Code? Under which
prohibited ground would she be protected?

The Human right codes prohibits discrimination which is truly based on certain set of
protected characteristics. The pregnant women should be protected under sex ground in
BC code.

Question 12
What Sections of the Federal Code (i.e. Canadian Human Rights Act) speak
specifically to the protections against discrimination during employment? Describe the
protection briefly in one or two words.

Section 15(1) of the Charter (1982) tends to state that, every individual is equal under or
before the law. Each one has equal rights without any ground of discrimination.