Question: Mr. Smith, a public elementary school custodian, is a Seventh Day Adventist. His religious beliefs prevent him from working from sundown Friday to sundown Saturday.
Mr. Smith, a public elementary school custodian, is a Seventh Day Adventist. His religious beliefs prevent him from working from sundown Friday to sundown Saturday. The work schedule requires him to work a Friday shift from 3 p.m. to 11 p.m. To change Mr. Smiths shift would require him to work different hours from what is normal, as the school where Mr. Smith works prefers to have most custodians hours after students are finished classes for the day. As a result, Mr Smith is dismissed from his job. This school, part of the largest school district in Ontario, recently developed programs to promote employment equity and diversity. Mr. Smith has chosen to file a human rights complaint.
What protected grounds are involved in this scenario? (1 mark) Would Mr. Smith make the complaint under federal or provincial jurisdiction? (1 mark)
In his complaint, Mr. Smith is alleging the employer did not meet a certain obligation under human rights law. What is that obligation and what must the employer do in order to meet this obligation? (2 marks)
If you compare a school district to a small business, how might this human rights obligation be different? (2 marks)
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