Reference no: EM133134586

Ontario human right sexual harrassment about rebecc's case

Human Rights Trial Fact Scenario Rebecca is a cleaning custodian who has worked at XBTD Company for 8 years. She is responsible for dusting furniture, washing windows, mopping floors and performing other general cleaning duties and has successfully passed all her performance appraisals. Her new manager Jordan has been drafting new job descriptions for all employees at XBTD Company. Effective immediately, all new and current cleaning custodians must be able to lift 65 pounds from waist to shoulder. Rebecca is not able to meet this standard. She has never had to lift anything more than 20 or 30 pounds and there seems to be nothing in her duties which requires someone to have to be able to lift that much. Jordan told her that it is impossible to accommodate her. However, the company had alternative work for her. She was moved to the reception area where her primary duties would be to answer the phone, greet clients and file documents. Things seemed to be going well Rebecca quickly learned her new job and it looked like she was meeting company expectations. About a month into her new position, she noticed that her co-worker Derek was visiting strange websites. One day, Rebecca's computer froze so she quickly jumped on Derek's computer (he had just gone on the computer and did not lock the computer) and she noticed that he had left open a page from "ProtectOurRacialHeritage.org". Rebecca was shocked to see this page calling for the expulsion of immigrants and racial minorities from Canada. Derek came back from the bathroom and asked her what she was doing. Rebecca quickly said that her computer froze and she jumped on his computer to help a client. She did not confront him about the website. Derek seemed okay with her answer and asked nothing further. About a month later, Esperanza was hired in their reception department. Derek immediately took a dislike to her. He refused to help her "learn the ropes" of the job and told her to get help from Rebecca. Esperanza just assumed that Derek was not particularly nice; she did not make any assumptions that he did not like her because she is a Lesbian. But Rebecca suspected that Derek was treating Esperanza differently because of this, Rebecca wanted to report Derek but she knew that Derek and their manager Rick are very good friends as they went to high school together.

1) Rebecca approached you about filling a complaint withthe human rights tribunal you are to present this case against XBTD Company in the following format:

Question

1. Summary of issue: summaries the ground of discrimination Rebecca experienced.

2. Issues: provide details of each ground of discrimination, make reference to applicable section of (ontario) human rights code and provide example of relevant case law.

3. Conclusion: should state the remedy sought asking tribunal to award Rebecca $25,000 damage for loss of dignity