Ontario Security Guard Licence Exam Prep · Question
An employer's policy states that employees must be clean-shaven for 'safety reasons.' If this policy indirectly excludes individuals of certain religious faiths who wear beards, what legal concept from the Ontario Human Rights Code might be at play?
Section 11(1) of the Ontario Human Rights Code addresses constructive discrimination, where a requirement, qualification, or factor that is not discriminatory o
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Question: An employer's policy states that employees must be clean-shaven for 'safety reasons.' If this policy indirectly excludes individuals of certain religious faiths who wear beards, what legal concept from the Ontario Human Rights Code might be at play?
Answer options:
- Direct discrimination
- Harassment ✅ Constructive discrimination
- Prima facie discrimination
Correct answer: Constructive discrimination
Explanation: Section 11(1) of the Ontario Human Rights Code addresses constructive discrimination, where a requirement, qualification, or factor that is not discriminatory on its face results in the exclusion, restriction, or preference of a group of persons who are identified by a prohibited ground of discrimination.
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