Prima Facie Discrimination
Examines the extent that Charter of Rights concepts for determining prima facia discrimination such as stereotyping, prejudice, arbitrariness apply to finding discrimination under statutory human rights codes.
A review of the various tests of prima facia discrimination.
Summary of Ontario Human Rights Tribunal decision in Fair v Hamilton-Wentworth District School Board, 2012. Author notes the remedial order may seem surprising, but the large award for the employee is guided by the long period of time (almost 9 years) taken to litigate.
Case Commentary on Stewart v Elk Valley Coal Corp, 2017 SCC 30; importance of policy drafting and construction of dismissal letters.
Elk Valley analysis, prima facie case of descrimination was not made out, in which an employee did not disclose his cocaine use; authors provide a succinct section of 'implications for employers', in which safety, policy, and clarity (in termination letter) is highly valued within employer and employee interactions.
The article provides a useful canvass of the junction of long term disability insurance and human rights obligations. It points out insures duties and potential grounds of possible liability (breach of contract in the accommodation process, participation or complicity in discrimination, breach of the duty to act in good faith).
Summary of Stewart v Elk Valley Coal Corp, 2017 SCC 30; criticism of the court's treatment and limited analysis of drug addiction in legal reasoning.
Review of recent legislated changes on mandatory retirement in Canada; advocates a holistic approach to regulation of a worker's older age in order to best promote the right to age equality for senior workers, balancing this with the rights of employers and society overall.