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What is creed?
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The Ontario
Human Rights Commission, the body that interprets and administers the
Ontario Human Rights Code, defines creed as “a professed system and
confession of faith, including both beliefs and observances or worship”
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What does
creed include?
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Creed
includes faith systems that are deistic (Christianity, Judaism, Islam,
Hinduism, etc…) and non-deistic (Aboriginal spirituality, Buddhism,
etc…).
It includes
objective religious tenets of a bona fide faith group AND subjective
religious beliefs and observances held sincerely by an individual
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What does
creed NOT include?
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Creed does
not include belief systems that are secular, political, ethical or
moral.
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What are
religious requirements?
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What are
some examples of religious requirements?
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Wearing a
hijab or a turban, not shaving or cutting hair, not drinking alcohol or
dancing, observing faith days, praying at set times, not working on holy
days, etc…
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What kind of
job/course requirements may conflict with religious requirements?
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What is
religious accommodation?
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Religious
accommodation is a positive action taken by the university to allow
individuals to practice their faith when it conflicts with work, study
or residence life.
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What is the
duty to accommodate?
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In Ontario,
it is unlawful to discriminate on the basis of creed. This means that
when it is faced with a request for religious accommodation, the
university has a duty to accommodate the request up to the point of
undue hardship.
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What is
undue hardship?
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Accommodation can only be denied if an employer can provide objective
quantifiable evidence that the required accommodation would pose
significant and irreparable harm to the operation of the University.
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What factors
are considered in measuring undue hardship
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Cost,
outside sources of funding, health and safety concerns
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What factors
are not usually considered in measuring undue hardship?
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Minor
inconvenience and morale issues
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How do I
accommodate religious dress requirements that conflict with work dress
code?
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If the dress
code can be modified without causing the organization undue hardship, it
should be modified. In some cases, dress codes have been put in place
to protect the health and safety of the employees and the public. In
these cases, the following questions should be asked systematically:
1.
What is the exact nature of the religious observance?
2.
What is the reason for the work-place dress code?
3.
What measures can be taken to accommodate the person?
4.
Are there any health and safety factors?
5.
If so, do they involve the health and safety of the
employee/student alone or are there health and safety consequences for
other employees/students?
6.
If so, has the unit/department shown that to accommodate the
request would create a health and safety hazard that would amount to
undue hardship for the university?
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How do I
accommodate prayer requirements that conflict with work schedules?
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Persons with
prayer requirements often need to pray at specific times in a private
area. To accommodate them, you may need to…
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Modify break policies
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Stagger breaks
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Have flexible hours
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Provide a provide area for devotions
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How do I
accommodate religious leave requirements?
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The
university has a duty to accommodate people with religious leave
requirements.
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For weekly conflicts, this might mean allowing alternative
arrival and departure times, or using lunch hours or staggered work
hours in exchange for early departure/late arrival.
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For annual conflicts, this will mean exploring options for
allowing the time off including days off with pay.
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I believe I
have been refused reasonable accommodation. What recourse do I have?
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Contact the
Chaplain’s office or the
Human Rights
Office Advisory Service.
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Where can I
get information about religious requirements ?
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The
Chaplain’s office, in consultation with the Interfaith
Council, provides interpretation of religious requirements and can
suggest appropriate accommodation plans.
The
Multicultural Calendar provides
definitions of all holy days and flags those where accommodation may be
required.
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