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Continuous Intake Co-op Total Marks: 63 Name ______________________________ You’re Only Human . . . And You Have Rights! Exploring the Ontario Human Rights Code Use the following website to explore the Ontario Human Rights Code: www.ohrc.on.ca. From the main page, click on E-Learning, then Human Rights 101. Click on Part B The Code. Watch the video and answer the questions below. Part A – True and False (5 marks) 1. T F The Ontario Human Rights Code has primacy over all other provincial legislation, meaning that you must comply with the OHRC first. 2. T F The purpose of the Code is to impose punishment against the offending person/company. 3. T F It is not necessary to prove that a person intended to discriminate. 4. T F Everyone in Ontario is covered by the Ontario Human Rights Code. 5. T F The OHRC was influenced by the Universal Declaration of Human Rights. Part B – Short Answer 1. What are the five social areas that are protected under the Code? Give two examples of the types of things covered under each area. (10 marks) Social Area 2. Two Examples of Each Identify ten prohibited grounds of discrimination. (5 marks) Page 2 3. Explain what is meant by the other three forms of discrimination. (3 marks) Form of Discrimination Explanation Intersecting Grounds Discrimination because of Association Perceived Discrimination 4. Define harassment. (1 mark) 5. Harassment can be: (3 marks) 6. How is a poisoned environment created? Give an example other than the one given in the video. (2 marks) 7. Assume you are being harassed by another employee. What are two things you should do? (2 marks) Page 3 Part C – Quiz The following questions are taken from the Quiz at the end of Human Rights 101. Please record your answers here. (14 marks) 1. An 80 year old tenant makes an application to the Tribunal. He says that his landlord is harassing older tenants so that they will leave the building so that rents can be raised. When the landlord finds out that the tenant did this, he stops making repairs to the tenant’s apartment. Choose all the social areas and grounds that may apply: a. housing accommodation b. race c. reprisal d. harassment because of age 2. An offensive cartoon about women goes out to everyone in the office by email. It is not directed at any individual. Choose all the grounds and social areas that may apply: a. employment b. poisoned environment c. ancestry d. marital status 3. A security company requires an employee to be “clean shaven”. It requires all men to keep their hair short and wear a company cap. Choose all the grounds and social areas that may apply: a. employment b. creed c. record of offences d. constructive discrimination 4. A woman has had one seizure. The employer thinks that she is a risk to others and decides to let her go. Choose all the grounds and social areas that may apply: a. age b. employment c. sex d. disability/perceived disability Page 4 5. A professor winks at his student and suggests to her that she would get a higher grade from him if they had dinner together. Choose all the grounds and social areas that may apply. a. services b. sex c. harassment d. age 6. Refusing to rent an apartment to a black person or a hotel room to an Aboriginal person, based on stereotypes, violates the Code under what grounds? Choose all the grounds and social areas that may apply: a. accommodation b. marital status c. race, ethnic origin, ancestry d. disability 7. If there is a conflict between the Code and most other provincial laws, which normally wins out? a. The Ontario Human Rights Code b. Most other provincial laws Part D – Definitions Define each of the following terms making sure to distinguish between each one. Give an example of term. (8 marks) Term Discrimination Prejudice Stereotype Bon Fide Job Requirement Definition Example Page 5 Part E – Case Studies (10 marks) Below are three cases concerning the Ontario Human Rights Code. Select one of the case studies. Determine what areas of the Code it falls under and give an explanation as to why or why not it is a violation of the Ontario Human Rights Code. You can use the website: www.ohrc.on.ca to help you answer your questions. Type your response using full sentence form and double space. Answer the following questions in your response: Is the case an example of a violation under the Ontario Human Rights Code (yes, no or maybe)? If your response is “maybe”, explain why you feel this way? What other information would you need to know in order to make a decision? Which of the five social areas does this case concern? Which of the prohibited grounds is violated or possibly violated in the case? Is the case an example of discrimination or harassment? Explain why. Identify the elements of the case that are violations of the Code. Case 1 – About Naomi Naomi and several of her friends play in a women’s hockey league at the local community centre. Whenever they play, the male rink attendants never give them their full allotted ice time. The attendants jeer every time one of the young women falls and there are often pin-up pictures of women in the dressing rooms. Naomi has complained but the manager has done nothing, saying that women should “stick to figure skating” and “leave hockey to boys”. Have the rink attendants violated the young women’s human rights? Case 2 – About Cassandra Cassandra and several black friends have gone to a local restaurant after school. They are laughing and carrying on like others in the restaurant. Things start to get out of hand between their group and several white students sitting at another table. Food is thrown and the groups exchange angry remarks. When the restaurant staff ask Cassandra and her friends to leave the restaurant, they feel angry and discriminated against. Have the restaurant staff violated the group’s human rights? Case 3 – About Michael Last Saturday, Michael and his friends attended a movie theatre they had never been to before. The theatre told Michael, who requires a motorized wheelchair because he has muscular dystrophy, that he would either have to transfer into a theatre seat or watch the movie from the only area available for the wheelchair – in front of the first row of seats. When he complained about this arrangement, the theatre staff told him he was entitled to the same service as everyone else – a ticket and a seat to watch the movie. Have the movie theatre staff violated Michael’s human rights? Continuous Intake Co-op Total Marks: 6 Name ______________________________ Ontario Human Rights Code You Can’t Ask That! In Canada, employers must ask you questions related to your ability to do the job. It is not legal to ask questions about the following topics in an interview: Your religion – unless it is related to the job. For example, if you are Catholic and you are being interviewed to work at a Catholic school. Your ethnic or cultural background – unless it is related to the job. For example, if you are Chinese and you are being interviewed to work at a Chinese Cultural Centre. Your height and weight Your disability Your medical information Pardoned convictions Other personal questions that do no relate to the job Why would someone ask you an illegal question? Maybe they have a bias (for or against) something, and they are trying to hire with this bias. This is ILLEGAL! Maybe they are not experienced in interviewing and they don’t know that it’s an illegal question. What to do if you are asked an illegal question: Point out that you should not be required to answer this question, and move on to explain why you are qualified for the job. You can answer the question if you feel comfortable doing so, and state that this does not affect your ability to do the job well. Try to humourously get around the question and move onto discuss how you are qualified for the position. Determine whether the following questions or legal or illegal and explain why. Question Legal or Illegal What skills do you have that are suitable for this position? Legal What shifts are you willing to work? Reason Related to the job Page 2 Are you married? Have you ever been fired? Are you a religious person? What did you like best about your last job?