STARTING YOUR BUSINESS - HUMAN RIGHTS LAW

1. STARTING YOUR BUSINESS - HUMAN RIGHTS LAW Lillian Nakamura Maguire Public Education Specialist

3. YHRC StaffLeft to right: Kim Hawkins, Colleen Harrington, Lynn Pigage,Heather MacFadgen, Lillian Nakamura Maguire

4. Human rights issues that impact new business and employers • Getting and keeping employees - recruitment, hiring, performance evaluation, firing • Duty to accommodate or “Duty to provide for special needs” (Sec. 8 in YHR Act)

5. Discrimination Discrimination is harassing or treating a person or a group of people unequally or unfairly or not allowing a person access to services, housing or employment or other opportunities based on a personal characteristic covered by the Yukon Human Rights Act.

6. What impact does discrimination have on the workplace? • Employees – morale, absenteeism, concentration/quality of work & safety, health, productivity, physical or verbal violence • Organization or business – reputation, poor customer service, staff turnover, time lost, financial loss, legal costs

7. Areas covered • Services to the public (e.g. government, businesses, food & hotel services, etc.) • Employment • Residential tenancy, lease or purchase of property • Public contracts (negotiations or performance) • Unions, occupational or professional associations

8. Protected Grounds or Personal Characteristics • Ancestry, including race and colour • National origin • Ethnic or language background/origin • Religion or creed • Age • Sex, including pregnancy • Sexual orientation • Physical or mental disability

9. Prohibited Grounds cont’d • Criminal charges or criminal record • Political belief, association or activity • Marital or family status • Source of income • Actual or presumed association with any of the grounds listed above

10. “Exemptions” or where it is not discrimination • Reasonable requirements or qualifications for employment (BFOR - bona fide occupational requirement) • Criminal record or criminal charges (employment) • Sex – where privacy is an issue in services, facilities, accommodations • Preference given to members of charitable, religious, educational, social, cultural organizations • Preference for family members in a family operated business • Employing a person in a private home • Tenant or boarder in a private home • Affirmative action or employment equity programs

11. Guidelines for Hiring • Job description • essential duties, updated job description, qualifications, use grid when hiring • Advertising • Non-discriminatory, neutral language • Allow sufficient time to recruit, screen, contact • Use advertising that reaches diverse people • Application forms and Interviews • Avoid asking for info re: personal characteristic protected under human rights law • Keep accurate notes, ask same questions of all • Employee info remains confidential

12. What is “Accommodation” Accommodation means making changes to rules, practices, workplace cultures and physical environments to remove barriers that may prevent people from enjoying equality of opportunity and access to services and employment. Most often applies to: • Employees with disabilities • Older workers • Employees with religious needs • Pregnant women • Employees with family responsibilities

13. Duty to Accommodate • Employers, landlords and people who provide services to the public have a duty to reasonably accommodate the needs of people with disabilities or on ANY OF THE PROTECTED GROUNDS • unless they can prove that it is “undue hardship” – safety, disruption to the public, financial cost, business efficiency, contractual obligations (Sec. 8(2) in Act)

14. Disabilities A disability is a condition that limits a person’s senses or activities. Disability may be physical or mental, visible or invisible, temporary or permanent such as: • Learning disabilities • Mental illness – depression, anxiety, bipolar disorder • Drug or alcohol addiction • Chronic illnesses - diabetes, Crohn’s • Physical injury - back, shoulder

15. The Key to Success Success is dependent on knowledge of the law, comprehensive policy and ongoing education THE LAW POLICY EDUCATION

16. Web Links Yukon Human Rights Commission http://www.yhrc.yk.ca/ Yukon Human Rights Act http://www.gov.yk.ca/legislation/acts/huri.pdf Yukon Human Rights Links http://www.yhrc.yk.ca/9-links.htm Yukon Workers’ Compensation Healthy & Safety Board http://wcb.yk.ca/ Government of Yukon http://www.gov.yk.ca/ Canadian Human Rights Commission http://www.yhrc.yk.ca/9-links.htm Canadian Centre on Occupational Health and Safety http://www.ccohs.ca/

17. Canadian Human Rights Commission resources on-line • A Place for All: A Guide to Creating an Inclusive Workplace • Frequently asked question on accommodation (website) • Duty to Accommodate Fact Sheet • Bona Fide Occupational Requirements and Bona Fide Justifications under the CHRA • A Guide for Managing the Return to Work • Alberta H.R. Commission – Obtaining & responding to Medical Information in the Workplace

18. Questions/Feedback • Questions? Comments? • Follow-up activities? THANK-YOU!