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Another Human Rights Violator?: York University

by David Doorey October 19, 2009
written by David Doorey October 19, 2009

 I’ve already done posts on Starbucks, Coach, and Cara.  Now, I’ve learned that York University (my own employer) is also asking questions in the job recruitment process that seem highly dubious.  
Check out this list of questions on York’s student employment recruitment page.  See anything problematic there?   This application asks similar questions to Cara’s.  It asks applicants to tell the employer whether they can lift 35 pounds and stand for long periods of time.  Imagine a person with a degenerative back disability sees the application, and she can’t stand all day or lift 35 pounds.  The clear signal from York here is that they shouldn’t bother applying, because they can’t do the job.  But that is exactly what Section 23(2) of the Ontario Human Rights Code is trying to prevent.  That section provides as follows:

The right under section 5 to equal treatment with respect to employment is infringed where a form of application for employment is used or a written or oral inquiry is made of an applicant that directly or indirectly classifies or indicates qualifications by a prohibited ground of discrimination.

York can’t refuse to hire someone who is unable to lift 35 pounds because of a disability, so it can’t weed those people out in the job application form.  Rather, if the person is otherwise qualified, York should offer the person the job, and then engage in a dialogue with the employee about what sort of accommodation is needed to enable the person to perform the job notwithstanding the inability to lift 35 pounds.  
Thanks to one of my employment law students for pointing out this application form.  Please keep sending new application forms.

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

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David J. Doorey🇨🇦 @TheLawofWork@mas.to Follow

Law Prof. Talking #labor & #employment #law to the masses. @YorkUniversity @OsgoodeNews @LSELaw @CLJEHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

TheLawofWork
thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
1h

Ya, I wrote a blog piece on this, but the sentence itself is ambiguous! Does it mean you CAN join a picket line on your lunch hour, or you CAN’T?

Grammar. But local folks told me they are banning people from picketing at lunch.

🫡 @andreaharrington@mastodon.social @angrycrank

@JohnSandlos @TheLawofWork

Reply on Twitter 1621293270956392452 Retweet on Twitter 1621293270956392452 Like on Twitter 1621293270956392452 Twitter 1621293270956392452
thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
2h

Put together a quick blog post on a subject we've been discussing on Twitter.

"Is Memorial University Illegally Preventing Workers from Joining Picket Lines?"

What do you think?

https://lawofwork.ca/memorialpicketing/

#MemorialStrike #LabourLaw #FreedomofAssociation #CanLab

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
6h

STOP MAKING SENSE!

Anthony Francis Dale @anthonyfdale

@TheLawofWork @MemorialU If there is a right to support other employees during non-working time, starting point must be the irrelevance of the fact that lunch is "paid". As Ontario Board said in 1982 Adams Mine case, employer otherwise could prevent exercise of a right by paying money.

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