2-3 Human Rights Legislation Flashcards
What legislation has had the most far-reaching impact on employment conditions in Canada?
The Canadian Charter of Rights and Freedoms, particularly in the area of human rights.
What does the Canadian Charter of Rights and Freedoms guarantee, and how does it relate to employment legislation?
It guarantees certain rights and freedoms and ensures that employment legislation aligns with its principles.
What is the basic foundation of human rights legislation in Canada?
That all individuals should have equal opportunities without being hindered by discriminatory practices based on factors like race, religion, age, sex, sexual orientation, disability, or other protected characteristics.
How has the definition of “age” in human rights legislation changed in most jurisdictions?
The upper limit of 65 has been removed, making mandatory retirement generally illegal.
Why is it beneficial for organizations to encourage older workers to continue working?
It positions organizations better for the future work world by leveraging the experience and expertise of older employees.
How is human rights legislation enforced in Canada?
Through human rights commissions or tribunals, which handle complaints and set expectations for proper employee treatment.
What reminder has the Ontario Human Rights Commission issued to employers regarding workplace policies?
Employers may violate the Ontario Human Rights Code if they require female employees to dress in a gender-specific way.
What is systemic discrimination, and how can it occur in recruitment?
Systemic discrimination refers to **unintentional barriers in rules or practices that prevent progress for certain groups. **
For example, recruiting through internal postings or word-of-mouth can unintentionally exclude diverse candidates.
What is a Bona Fide Occupational Qualification (BFOQ)?
A BFOQ is a legitimate employment qualification that may be discriminatory but is necessary for business operations, such as age requirements for selling alcohol or safety standards in certain jobs.
What is the duty to accommodate, and how does it apply to employers?
The duty to accommodate requires employers to adjust work practices to ensure no discrimination based on prohibited grounds, unless it creates undue hardship.
What is undue hardship, and what factors determine it?
Undue hardship occurs when accommodating an employee imposes** significant financial or safety burdens**.
Factors include the size of the organization and the cost of the accommodation.
How does COVID-19 relate to workplace discrimination?
COVID-19 has increased instances of discrimination, especially against visible minorities, immigrants, and younger workers, affecting trust in institutions and workplace fairness.
What is the importance of reasonable accommodation in the workplace?
Reasonable accommodation benefits all employees by removing barriers and supporting needs such as childcare, flexible schedules, and religious practices.
How can employers address medical cannabis use in the workplace?
Employers must consider accommodation on a case-by-case basis and explore alternatives, such as regular functional assessments, to ensure safety while addressing employee needs.
What does the Newfoundland and Labrador Court of Appeal case illustrate about accommodation?
Employers must demonstrate undue hardship using multiple options and cannot rely solely on one argument (e.g., no standard for cannabis impairment) to deny accommodation.
