Discuss developments in human rights law as they relate to the area of employment. In your answer, refer to judicial decisions.

Students should note that one area of employment law that is growing in significance is that of human rights. While the passage of the Charter of Rights and Freedoms does not apply directly to most employment situations, it has had an important indirect effect on human rights statutes (which must comply with the Charter). Provincial and federal human rights legislation prohibits discrimination in the area of employment on the basis of race, national or ethnic origin, colour, religion, gender, sexual orientation, and in some cases, age, marital status, family status, physical or mental disability, and pardoned criminal convictions. Students should note that human rights tribunals have the power to hear complaints.
Many implications for human rights law emerged in the employment context (which includes the pre-employment application and interview process). Employers should be especially careful to develop policies that avoid unjust discrimination against same-sex couples, that accommodate workers with disabilities, and that help to curtail harassment in the workplace.
Some important decisions in this area include the Supreme Court decision in Robichaud v. Canada (Treasury Board) in which an employer was found liable for discriminatory acts of employees, the BC Court of Appeal decision in Health Sciences Assn. of British Columbia v. Campbell River and North Island Transition Society in which discrimination on the basis of family status was successfully argued, and the Meiorin case in which the Supreme Court of Canada established a three-part test used to evaluate if an occupational requirement is justified.