Wednesday, December 21, 2005

Canadian Human Rights Act - Application to First Nations in Canada Part 2

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Did You Know?

Employment

A person cannot be denied a job because of a disability that does not affect job performance or that can be accommodated.

Employment Applications and Advertisements

Federally regulated employers cannot include requirements that are not clearly related to the job, such as previous Canadian experience.

Equal Pay

A job performed mostly by women cannot be paid less than a job of equal value done mostly by men. Examples of jobs that might be of equal value are nursing assistants and electricians, or secretaries and maintenance staff.

Employee Organizations

Due to provisions in certain collective agreements, some unions enjoy a monopoly on referring job applicants to employers. It is a discriminatory act for such unions to exclude designated group candidates as referrals.

Provision of Goods and Services

A bank cannot ask a married woman for her spouse’s signature when applying for a loan.

Accommodation

An individual unable to work certain days for religious reasons may not be denied employment unless the employer can demonstrate that it would cause undue hardship.

Discriminatory Notices

A poster that encourages discrimination is illegal.

Hate Messages

Internet and pre-recorded telephone hate messages are forbidden.

Harassment

Making demeaning comments because of the person’s colour, ethnic origin, age, disability, sex or any of the grounds in an employment or service situation is prohibited under the Act.

Retaliation

An employer cannot fire an employee because he or she has filed a human rights complaint.

The Canadian Human Rights Commission

The Canadian Human Rights Commission administers the Canadian Human Rights Act, and ensures that the principles of equal opportunity and non-discrimination are followed in all areas of federal jurisdiction.

The Commission, composed of up to two full-time and up to six part-time commissioners, meets regularly to decide on individual complaints and approve Commission policies.

The Mandate of the Commission Includes:

1. Helping parties to resolve complaints of discrimination in employment and in provision of services based on the grounds enumerated in the Act;

2. Investigating complaints of discrimination, including complaints alleging inequities in pay between men and women who are performing work of equal value;

3. Auditing and, when necessary, taking action to ensure employers’ compliance with the Employment Equity Act, which applies to the federal public service, as well as federal Crown corporations and federally regulated companies employing 100 or more people;

4. Monitoring programs, policies and legislation affecting designated groups (women, Aboriginal peoples, visible minorities and persons with disabilities) to ensure that their human rights are protected; and

5. Developing and conducting information programs to promote public understanding of the Act and of the role and activities of the Commission.

If you are living on a First Nation Territory within Canada and feel that you are being discriminated against you can file a complaint with the Canadian Human Rights Commission.

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