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A
- Adverse
effect
- (in French: "effet préjudiciable") The discriminatory
effect that certain conditions, practices and rules that are applied to
everyone have on a group of persons because of the particular characteristics
of the group. Back to Contents
- Adverse
effect discrimination
- (in French: "discrimination par effet préjudiciable"
or "discrimination par suite d'un effet préjudiciable")
A uniform practice or standard which has a negative or adverse
effect on a group of persons because it does not accommodate their particular characteristics though this could be done without sacrificing legitimate objectives or incurring undue hardship. Such discrimination
is also called indirect discrimination or systemic discrimination. It may
occur even when everyone is treated the same and there is no intent to
discriminate. What makes a practice discriminatory is its effect and the failure to accommodate the particular characteristics of the affected group short of undue hardship. Back to Contents
- Affirmative
action
- (in French: "action positive") A variety of measures
designed to eliminate discrimination
and to remedy the effects of past discrimination against designated
groups, usually in the area of employment. Such programmes are permitted
by human rights acts and by section 15 of
the Canadian Charter of Rights and Freedoms.
Affirmative action plans that have been approved by the Human Rights Commission
of New Brunswick according to section 13 of the Human Rights Act
are called special programmes. In Canada,
affirmative action plans in relation to employment are called "employment
equity plans" while those that relate to education are sometimes called
"education equity plans." Back to Contents
B
- BFOQ
- See Bona fide occupational qualification
- BFQ
- See Bona fide qualification
- Bigotry
- (in French: "sectarisme") Dislike or hatred of persons
because of their membership in a particular group. Back to Contents
- Board
of inquiry
- (in French: "commission d'enquête") In the
human rights field in Canada, a board of inquiry is a quasi-judicial tribunal
which holds a hearing into a human rights complaint that could not be settled.
The hearing is similar to a civil trial, but less formal. If, after considering
the evidence and the arguments of both sides, a board of inquiry finds
that there was a violation of the human rights law, it can order that the
discrimination stop, the victim be compensated and a dismissed employee
be rehired, for example. Boards of inquiry are independent; they are not
a part of the human rights commissions. Back to Contents
- Bona
fide occupational qualification (BFOQ)
- (in French: "qualification professionnelle réellement
requise") A BFOQ is a type of exception that
an employer can claim as a defence if a complaint of discrimination is
filed against it. For example, according to subsection 3(5) of the New
Brunswick Human Rights Act, it is not illegal to discriminate with
respect to employment in relation to any of the 14 prohibited
grounds provided such treatment is "based on a bona fide occupational
qualification as determined by the Commission."
In order for a discriminatory standard adopted by an employer to be justified as a BFOQ, it must satisfy three requirements that may be summarized as follows:
(1) it was adopted for a purpose rationally connected to the performance of the job;
(2) it was adopted in an honest and good faith belief that it was reasonably necessary to the fulfillment of that legitimate work-related purpose;
(3) it is, in fact, reasonably necessary to the accomplishment of that work-related purpose, in the sense that it impossible to accommodate affected employees without imposing undue hardship upon the employer.
See also Bona fide
occupational qualification Back to Contents
- Bona
fide qualification (BFQ)
- (in French: "qualification réellement requise")
In New Brunswick, a BFQ is a type of exception that landlords, owners,
service providers and certain other respondents can claim as a defence
if a complaint of discrimination is filed against them. For example, according to subsections
4(4), 5(2) and 6(3) of the New Brunswick Human Rights Act, it is
not illegal to discriminate with respect to housing, public services and
signs in relation to sex, physical disability, social condition, political belief or activity, mental disability, marital status or
sexual orientation provided it is "based on a bona fide qualification
as determined by the Commission."
A discriminatory standard adopted by a landlord, owner or service provider is justified as a BFQ if it satisfies three requirements that may be summarized as follows:
(1) it was adopted for a purpose or goal that is rationally connected to the function being performed,
(2) it was adopted in good faith and in the belief that it is necessary to fulfil that purpose or goal, and
(3) it is in fact reasonably necessary to accomplish that purpose or goal, in the sense that that the landlord, owner or service provider cannot accommodate affected tenants or clients without incurring undue hardship.
See also Bona fide
occupational qualification Back to Contents
Equality Rights Definitions
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