For my new textbook on Canadian labour and employment law, which I’m writing during my present sabbatical, I’m considering a running comic strip. The strip will run through the book, and deal with situations that arise in the life of a small bar-cafe. Here’s a sampler, dealing with discrimination in the hiring process. The text will explore the scenario and have students develop legal arguments on behalf of both sides of the story. I’d be interested in any comments or suggestions as I play with different ideas. Check out my avatar!
Does the woman applicant have a common law action against me and my company?
Does she have a human rights complaint? What grounds in Section 5 of the Code might she rely on?
If she files a human rights complaint, what would be my (the employer’s defense)? Would I succeed in that defence in your view?
If she won a human rights complaint, what remedy do you think the Tribunal would order?
Now, what if the job applicant was not an older woman, but a young woman with blonde hair. I don’t hire her because I prefer dark haired bartenders. Would the she have a human rights complaint against my preference for dark haired servers?