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Human Rights Assignment

Fact Scenario

Danielle is an accounts manager who has worked at ACME Manufacturing for 2 years. She is responsible for communicating with clients, assisting them with their orders including materials selections and shipping preferences, and invoicing. Danielle has a clean employment history and is good at her job. Danielle is bi-racial; one parent is from Russia (White) and the other from Nigeria (Black). Dan, the CEO of the company, is over 60 years of age.

Danielle works in the main office, which she shares open concept with one other woman, Robin, who is about the same age as Danielle (in her mid-thirties). There are 20 employees who work out back in the manufacturing area, and Dans office is adjacent to the main office space. His door is open to the office space, and he can overhear most conversations. Many of the manufacturing employees are recent immigrants from a variety of ethnicities.

One day, out of the blue, Dan and Robin began discussing the recent news that some schools and cities would be removing childrens stories from local libraries due to the inappropriate use of a word describing people who are Black. Dan and Robin were commenting , thats the way they talked back then and its disgusting to remove these books; both seemed to think that too much fuss is being made about racial identity these days. These comments disturbed Danielle, and she spoke to Dan, who dismissed the conversations as shop talk and personal opinions and told her not to worry about it.

A few days later, Robin was upset that all of her best pens had been taken from her desk. She said to Danielle, if those people would steal my deodorant instead of my pens, this place would sure smell better!. Dan overheard this comment and laughed. When Danielle stated that this comment was hurtful to the immigrant workers, Robin shrugged it off, saying the workers dont hear it because they are out back in a noisy environment with doors closed. Danielle again went to Dan, and he again dismissed it as shop talk and personal opinion.

Shortly after the second complaint, Dan came to Danielle and told her that, starting next week, she would be responsible for ordering office supplies. He stated that as part of these new duties, Danielle would be required to lift the large boxes of photocopy paper, which weigh in excess of 20kg. Dan is aware that Danielle has a back injury from an auto accident that happened prior to her starting work at ACME, and when she stated that she would not be able to lift the boxes on her own, Dan suggested that perhaps it is time you look for another, more suitable job.

Danielle was hurt and upset. She strongly believes that this type of language and behaviour is wrong, and these types of attitudes have no place in society. Danielle has now approached you about filing a complaint with the Human Rights Tribunal on her behalf. Your job is to present her case of discrimination against ACME Manufacturing.

Assignment Instructions:

You are to provide a written report in the following format:

Summary of Issues: this is where you summarize the grounds of discrimination that Danielle experienced

Issues: here you provide details of each ground of discrimination. You should make reference to the applicable section(s) of the Human Rights Code and provide examples of relevant case law. Outline any tests, if applicable. The text has examples of cases with similar fact scenarios. Use online resources such as canlii.org to find more examples. Separate into subsections for each pertinent issue.

Conclusion:

this is where you draft your conclusion and state the remedy sought. In this case, you are asking the tribunal to award Danielle $25,000 damages for loss of dignity.

This is not meant to be an extensive report. Three to four pages maximum should be sufficient to outline your position and present your case.

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