Scenario 3.2
Mr. Smith, a public elementary school custodian, is a Seventh Day Adventist. His religious beliefs prevent him from working from sundown Friday to sundown Saturday. The work schedule, which requires him to work a Friday shift from 3 p.m. to 11 p.m., is set out in the collective agreement between his employer and his union. Accommodating Mr. Smith's religious beliefs would require allowing him to work hours different from those specified. The employer and the union can't agree on a means of accommodating Mr. Smith. As a result, he is dismissed from his job.
-Refer to Scenario 3.2. What legislation applies in this case?
A) the Canada Labour Code
B) the employment equity Act
C) provincial human rights law
D) the Canadian Human Rights Act

Question

Quizplus · Accepted Answer

The provincial human rights law would apply in this case as it prohibits discrimination on the grounds of religion and requires employers to accommodate religious beliefs, unless it would cause undue hardship. The employer and union's failure to find a reasonable accommodation would need to be evaluated based on the specific circumstances of the case. Neither the Canada Labour Code nor the Employment Equity Act specifically address religious accommodation, and the Canadian Human Rights Act applies only to federally regulated industries.

Scenario 3.2 Mr. Smith, a Public Elementary School Custodian, Is a Seventh