HRM3420 Chapter 28 Reading PDF

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HRM3420 Chapter 28 Reading The BFOR and Other Discrimination Defences The BFOR Defence  This defence permits discrimination on a prohibited ground when that discrimination is based on an honest or good-faith belief that it is necessary for a legitimate business reason. o The BFOR defence Pre-Meiorin o The unified approach: the 1999 meiorin decision o Some applications of the BFOR defence BFOR: a defence to discrimination that an employer may use to prove that a discriminatory rule, standard, or practice was enacted for legitimate business reasons; it requires that the employer prove that it cannon accommodate needs without causing itself undue hardship. Indirect discrimination: a type of discrimination in which a rule, standard, or practice treats everyone the same on its face yet has an adverse impact on some people because of a personal characteristic Direct discrimination: a type of discrimination in which a rule, standard, or practice distinguished an individual or group based on a personal characteristic, such as separate pay scales for men and women or the practice of hiring people only one gender or one skin colour. The special interest organization defence  This provision incorporates the BFOR test  It requires that the employer demonstrate that a discriminatory practice is necessary and relevant to the performance of the job.  Section 24(1)(a) of the HRC Other defences to prima Facie Discrimination A. Inability to perform essential duties owing to disability defence (Ontario)  Section 17(2) also states that a worker cannot be found incapable if his or her disability could be accommodated without undue hardship on the employer B. The nepotism defence  Section 24(1)(d), which states that it is not employment discrimination if an employer grants or withhold employment or advancement in employment to a person who is the spouse, child or parent of the employer or employee.  Nepotism defence: a provision found in some human rights statutes that permits an employer to discriminate against workers on the basis of family status or marital status. C. The personal care attendant defence, homeworker defence, and domestic worker defence.  Allows discrimination on prohibited grounds against an employee whose primary duty is attending to the medical or personal needs of the person. D. The bona fide pension or insurance plan defence E. The special program defence...