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).

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).

Question 3

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

Question 4

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

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).

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)

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.

Question 9

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

Question 10

Explain the concept of undue hardship in your own words.

Question 11

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

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.