Week 5 Reading Comprehension Questions
Question 1
Statutes often have mechanisms (internal aids) that assist with the interpretation of their
meaning (See Chap 1). List the internal interpretation mechanisms contained within the
BC Human Rights Code (the “Code”).
Question 2
Must an Employer intend to discriminate in order to be found in violation of the Code?
Explain your answer (Hint – Start by reviewing the Code, beginning with the table of
contents).
Question 3
What Sections of the Code speak specifically to an individual’s protection against
discrimination and inequality during the hiring process and during employment? What do
these sections protect? Explain your answers.
Question 4
What are the grounds upon which a complaint of discrimination can be launched (known
as the “protected grounds” or “prohibited grounds”)?
Question 5
Explain whether you think an Employer can avoid a claim for discrimination during the
hiring process by contracting with an Employment Agency (external recruiter) to carry
out the hiring? Be sure to explain your answer.
Question 6
The Code allows discrimination to take place in certain specific circumstances. Locate
and explain these exceptions (Hint – Start by reviewing the Code, beginning with the
table of contents).
Question 7
What protection does the Code provide to those Employees who file a complaint against
their Employer? (Hint – Start by reviewing the Code, beginning with the table of
contents)
Question 8
Section 13 speaks to a bona fide occupational requirement (BFOR). Explain how a bona
fide occupational requirement is established. Include the 3-part test set out by the
Supreme Court of Canada.
Question 9
What is the duty to accommodate and when does it arise?
Question 10
Explain the concept of “undue hardship” in your own words.
Question 11
Where does a pregnant woman find her protection under the BC Code? Under which
prohibited ground would she be protected?
Question 12
What Sections of the Federal Code (i.e. Canadian Human Rights Act) speak
specifically to the protections against discrimination during employment? Describe the
protection briefly in one or two words.