Discussion on Clinical Experience

NUR-612CL-AP3 QUEWeekly Clinical Experience 7

Workplace Law Assignment

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Select two of the six scenarios listed below and prepare a report that addresses ALL of the following questions:

  • Is there discrimination present? If so, on what protected ground(s)?
  • Is there any adverse discrimination present? How?
  • What is a bona fide occupational requirement and does it apply in this scenario?
  • What is the duty to accommodate? Is there any accommodation that can/ should be made?
  • Is there any undue hardship to make the accommodation?
  • Does this constitute constructive dismissal, or a poisoned environment? Explain.
  • List 2-3 recommendations that could be used as a legal risk management strategy to deal with current and prevent arising claims?

 

Additional Instructions:

  1. Your answer should include subheadings and be in 12 font type, double spaced and no more than 4 pages (not including the cover page). You must include a cover page with a title, your professor’s name, the date, and your name, section and student number.
  2. PowerPoint slides and lectures. Use MLA format for any citations and include the page source (in-text proper MLA citations are required).

Grading Rubric:

   

Marks Possible

 

Needs Improvement

 

Competent

 

Proficient

Title Page 1 0 – 0.25 0.25 – 0.75 0.75 – 1
Prohibited Ground 1 0 – 0.25 0.25 – 0.75 0.75 – 1
Adverse Discrimination? 2 0 – 0.75 0.;75 – 1.25 1.25 – 2
BFOR? 2 0 – 0.75 0.75 – 1.25 1.25 – 2
Duty to Accommodate? 1 0 – 0.25 0.25 – 0.75 0.75 – 1
Recommended Accommodation 1 0 – 0.25 0.25 – 0.75 0.75 – 1
Undue Hardship 1 0 – 0.25 0.25 – 0.75 0.75 – 1
Constructive Dismissal/ Poisoned Environment 1 0 – 0.25 0.25 – 0.75 0.75 – 1
Strategic Recommendations 3 0 – 1 1 – 2 2 – 3
Citations 1 0 – 0.25 0.25 – 0.75 0.75 – 1
Overall 1 0 – 0.25 0.25 – 0.75 0.75 – 1

 

 

Choose two (2) of the below six scenarios and write a report as per the above instructions using information from Chapter 9 of the text to guide your answers:

 

 

  1. The Uniform Policy: A retail clothing franchise store has a policy that prohibits tattoos, piercing and body art of any kind. Head office just discovered that a franchisee has hired an employee with a red “bindi” (red dot) tattooed on her forehead as part of her religious observance. The franchisor has asked the franchisee to “fix” the situation in order to uphold the uniform policy for employees, so the franchisee told the employee he would fire her if she did not have the bindi permanently removed.

 

  1. The Corporate Culture:A woman finally confronted her fellow employees about the racist comments, jokes, and slurs that were often made during lunches, staff meetings and company social activities. The woman herself was white, and not a member of a racialized community but when she told them she would not accept racism of any kind, her fellow workers began go out of their way to treat her terribly throughout her workday. When she told her managers about the situation, she was told to either “suck it up and be quiet” or else work somewhere else.

 

  1. The Management Issue: An employer repeatedly uses terms of endearment such as “sweetheart,” “little lady,” “hun,” “sweetie” and “dear” to address the female employees of his company. The company also prints a monthly company newsletter featuring a candid photo of the “Hottest Employee of the Month”, who is always a woman.

 

  1. The Reward Program: An employee who does not work on his Sabbath days is unable to benefit from the employer’s Attendance Recognition Program. All employees who have a perfect attendance under the Program receive bonuses. When the employee asked to have the Sabbath days excluded from the attendance count, the employer told him that would not be fair to the other workers. As the program was intended to reward and not punish, the employee was told there was “no need to accommodate special situations like yours”.

 

  1. The Interview:An employer rejected a Black candidate for a job position after meeting her. He was visibly shocked upon seeing her for the first time, and turned her down flat, without any discussion regarding her credentials. When asked what was wrong, he said something about maintaining the company image.

 

  1. The Uniform Policy: A trans woman has informed her employer that she feels extremely uncomfortable changing in the men’s changeroom and has asked to use the female changeroom as that is the gender that she identifies with. She is told by her employer that she has to change into the company uniform on site and during work hours, and that she can only use the female changeroom after she fully transitions (removes her male genitalia).

 

In order to complete this assignment, you will need access to the following materials:

 

Ontario Employment Standards Act, 2000

Ontario Human RIghts Code, 1990

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