Scenario 2.4.Ontario School District
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.This school,part of the largest school district in Ontario,recently developed programs to promote employment equity and diversity.
-Please refer to Scenario 2.4.What human rights discrimination legal concept has emerged in this situation?

Question

Quizplus · Accepted Answer

The legal concept that has emerged in this situation is adverse effect discrimination. Mr. Smith's religious beliefs are preventing him from working on Fridays, which is a policy that has a discriminatory effect on him. Even though the policy is not intended to discriminate, it has the effect of excluding him from the job due to his religious beliefs. The employer and the union were unable to find a way to accommodate Mr. Smith, which resulted in his dismissal. This can be considered a case of adverse effect discrimination.