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Employment Law Case Study

In: Business and Management

Submitted By caitlawl
Words 1389
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Case Study Assignment
Human Rights Issues in Hiring

Caitlin Ashley, Denise Medeiros, Brandon Pyper, Tyler Kettler
LAWS-1052: Employment Law
Friday, October 31, 2014
Tracey Bentein
Summary of Key Facts/Legal Issues

The case we are evaluating involves a woman named Kimberely who wanted to volunteer her time at a rape crisis center. Kimberely had originally been born as a man, but had identified herself as a female since age 29. As a result of this self-identification, Kimberely had a sexual reassignment surgery so she could live physically closer to her emotional self. In a relationship that she had after this reassignment surgery, she was physically and emotionally abused by her partner and went to an organization that assists battered women to help herself. Due to these personal experiences, Kimberely volunteered her time to help at a rape crisis centre, to help women through experiences such as her own. One of the conditions for volunteering at this crisis centre is that you must be a woman to do so, and during her training session another volunteer identified Kimberely as a person who “had not always been a woman”, based specifically off of her appearance. Due to Kimberely not meeting this essential qualification, she was asked to leave and denied the volunteering experience at this crisis centre. The main legal issue in this case is the fact that Kimberely was denied work; specifically volunteer work, based on the discrimination of her sex, sexual orientation and gender identity. Under the Human Rights Code, it would appear that this rape crisis centre discriminated against Kimberely under the pretense of more than one of the prohibited grounds. Every person is entitled to equal treatment with respect to employment (Filsinger, 2010). Even though Kimberely was just attempting to volunteer, page 33 in the textbook describes the term...

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