Check-In - Week 6 - Human Rights Law Part III
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Feb 20, 2024
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Employment and Human Rights Law - Check-in - Lesson Six – Human Rights Law Part III
1.
How is harassment defined under the Ontario Human Rights Code? According to the Ontario Human Rights Code, harassment is defined as "engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome."
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This means that harassment is any unwanted or offensive behaviour that violates a person’s dignity or creates a hostile or poisoned environment based on a prohibited ground of discrimination, such as race, sex, disability, or creed
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Harassment can take many forms, such as verbal comments, jokes, threats, gestures, physical contact, or displaying offensive materials
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2.What was the finding in Pillai v Lafarge Canada Inc.?
Why is it significant? The finding in Pillai v Lafarge Canada Inc. was that the employer discriminated against the employee on the basis of race and colour, and failed to provide a harassment-free workplace.
The Human Rights Tribunal of Ontario ordered the employer to pay $25,000 in general damages and $10,000 in special damages to the employee, as well as to implement an anti-discrimination policy and training program
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This case is significant because it illustrates the importance of addressing and preventing racial harassment and discrimination in the workplace, and the potential liability and consequences for employers who fail to do so.
It also demonstrates the application of the Human Rights Code and the Tribunal’s remedial powers in such cases
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3.How are employers required to protect employees from harassing behavior? Employers are required to protect employees from harassing behavior by taking the following steps:
Developing and implementing a policy that prohibits harassment and sets out a procedure for making and resolving complaints
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Providing information and training to employees and managers on the policy and the procedure, and their roles and responsibilities under them
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Taking preventive measures to eliminate or reduce the risk of harassment in the workplace, such as monitoring the work environment, addressing potential issues, and providing support to employees
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Responding promptly and effectively to any complaints or incidents of harassment, and taking appropriate action to stop, correct, and remedy the situation
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Respecting the confidentiality and privacy of the parties involved, and protecting them from retaliation or reprisal
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These are some of the ways that employers are required to protect employees from harassing behavior
4.How is intent versus impact considered with respect to sexual harassment claims? How do the standards set out under the AODA interact with human rights requirements?
Intent versus impact is an important concept in sexual harassment claims, because it means that the perception and effect of the behaviour on the person who experienced it matters more than the motive or intention of the person who engaged in it
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. In other words, it is not a valid defence to say that one did not mean to harass or offend someone, if the behaviour was unwelcome or harmful to the other person.
The Human Rights Tribunal of Ontario and the courts have consistently held that the test for sexual harassment is an objective one, based on how a reasonable person in the same situation would feel
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. Therefore, intent versus impact is considered to determine whether a behaviour constitutes sexual harassment, and whether it violates the Human Rights Code.
5.What does compliance and reporting depending on with respect to meeting accessibility standards? Compliance and reporting depend on the type and size of the organization, and the accessibility standards that apply to them under the Accessibility for Ontarians with Disabilities Act (AODA). There are two main types of organizations that need to comply:
Businesses and non-profits: These include private businesses and partnerships, employment agencies, retail organizations, restaurants, wholesale manufacturing, construction companies, charity foundations, and all other organizations that are not part of the designated public sector.
The number of employees in Ontario determines the requirements and deadlines for compliance
and reporting
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Public sector organizations: These include government ministries, agencies, boards, commissions, and designated public sector organizations, such as municipalities, universities, colleges, school boards, hospitals, and public transportation organizations.
The type of organization determines the requirements and deadlines for compliance and reporting
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Compliance and reporting are important to ensure that organizations meet their accessibility obligations and make Ontario more inclusive for everyone.
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