Can concepts of accommodation be applied to redress race-based historical disadvantage?
In addition to the foregoing, one should consider the notion of accommodation as a remedial possibility in dealing with race-based complaints. It is, at the outset, difficult to imagine many instances where accommodation would be an appropriate remedy to resolve a race-based complaint.[2] The application of the notion of accommodation to racial discrimination has, however, been addressed specifically in a number of cases. In Naraine v. Ford Motor Co. [1996] O.H.B.I.D. No. 23, Ford was found to have discriminated against Naraine. It had neither acknowledged nor remedied an atmosphere of racial harassment/derogation and, when dismissing Naraine because of temper/outbursts, it did not take into account that these outbursts were the result of the adverse effect of a poisoned workplace atmosphere. This harassment took the form of graffiti, racial slurs and other incidents that constituted conditions of employment and were thus a violation of s. 4(1) of the Ontario Human Rights Code.[3] The
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