Harassment is discrimination under The Saskatchewan Human Rights Code when it involves the protected grounds and is done in a public area of life.
- Jokes that hurt your feelings;
- Someone calling you a bad name;
- Inappropriately touching you; or
- Denying you benefits.
For example, a supervisor or co-worker makes negative comments about your age, race or religious practices that you find offensive. As a result, you experience negative conditions at work. This would be discrimination in employment based on the protected grounds of age, race and religion.
Accommodation and Duty to Accommodate
An employee may sometimes need to change how their work is done, because of a disability or religious practice or a reason related to another prohibited ground. The Saskatchewan Human Rights Code requires employers to try to accommodate – or make adjustments – so that the employee can do their job.
In this instance, the duty to accommodate could mean:
- The employee must let their employer know they need an accommodation and will need to provide medical or other information.
- The employee and the employer need to cooperate to find a suitable accommodation.
- The employer needs to explore possible ways of changing the work, working conditions or work environment so the employee can do their job.
The employer is not required to make changes to the work or workplace if the accommodation would cause an undue hardship, such as causing a workplace to go bankrupt or creating a safety risk for the employee or others.
Examples of accommodation at work:
- An employer changes the work schedule of an employee who cannot work on Saturdays because of his or her religion.
- A store has a rule that all cashiers should stand while working. One employee has back pain and her doctor told her she should not stand for longer than 20 minutes at a time. The store manager gives the employee a stool to sit on when she needs to do her job.