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BUSN 3350 > ch 2: The Legal Environment > Flashcards

ch 2: The Legal Environment Flashcards

1
Q

what is stare decisis?

A

higher court decisions act as binding on lower courts in same jurisdiction

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2
Q

what is precedent?

A
  • court decision can influence previous judgment in another jurisdiction
    • if you allow one person to do something, you may be starting a precedent
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3
Q

describe tort law

A
  • primarily judge-based law
  • victim is provided compensation
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4
Q

what are the categories of torts?

A
  • intentional: assault, battery, trespass
  • unintentional: negligence caused by carelessness
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5
Q

what are some opposing interpretations of legislation?

A
  • employees view regulations as statutory floor and expect benefits higher than the minimum requirement
  • employers view legislated guidelines as contractual ceilings and align maximum commitment levels to the minimum established by law
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6
Q

describe fundamental rights and freedoms

A
  • freedom of conscience and religion
  • freedom of thought, belief, expression, and opinion
  • freedom of peaceful assembly
  • freedom of association
    • can’t be fired for associating with whoever you want
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7
Q

what are additional provisions important to HRM?

A
  • multicultural heritage rights
  • first nations’ rights
  • minority language education rights
  • equality rights
  • right to live and work anywhere in Canada
  • right to due process in criminal proceedings
    • innocent until proven guilty
  • right to democracy
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8
Q

what is human rights legislation and what is the reason for it?

A
  • jurisdictions specific legislation
  • prohibits intentional and unintentional discrimination in employment situations
  • supersedes terms of any employment contract or collective agreement
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9
Q

what is an example of intentional employment discrimination?

A

only hiring females as hostesses because of their looks

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10
Q

what is an example of unintentional employment discrimination?

A

Promotions based exclusively on seniority or experience in firms that have a history of being white-male-dominated.

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11
Q

what is discrimination?

A

when someone is perceived to be acting in an unfair or prejudiced manner within the context of prohibited grounds

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12
Q

what is social identity?

A
  • how we see ourselves vs others
  • may develop prejudices or stereotypes
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13
Q

what is intentional discrimination?

A
  • differential or unequal treatment in terms and conditions of employment based on any of the prohibited grounds
  • denial of rights due to association with a protected group member
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14
Q

what is unethical discrimination

A
  • constructive or systemic discrimination
  • most difficult to detect
  • embedded in policies and practices that appear neutral
  • have an adverse impact on specific groups of people
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15
Q

what is permissible discrimination via Bona Fide Occupational Requirement (BFOR)?

A
  • a skill set they may not have
  • a justifiable reason for discrimination
  • based on business necessity
    • weight requirement if the job needs heavy lifting
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16
Q

what are the criteria for assessing the legality of BFOR?

A
  • legitimate work-related purpose
  • requirement is necessary for the role
  • causing undue hardship on the employer
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17
Q

what is some reasonable accommodation for the legislation protecting the general population

A
  • adjustment on employment policies/practices so that no individual is denied benefits or is disadvantaged
    • may involve scheduling adjustments or workstation redesign
  • accommodate to the point of undue hardship
    • financial costs make accommodation impossible
    • health and safety risks to the individual or other employees prevent accommodation
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18
Q

what is the purpose of the duty to accommodate

A
  • provide equal access to employment by removal of physical, attitudinal, and systemic barriers
  • demonstrate attempts to accommodate to the point of undue hardship
    • often done at minimal cost
  • accommodation can be considered appropriate if it results in equal opportunity, benefits and privileges others experience
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19
Q

what is undue hardship?

A

The point to which employers are expected to accommodate employees under human rights legislative requirements.

20
Q

what is harassment?

A

unwelcome behaviour that demeans, humiliates or embarrasses a person and that a reasonable person should have known would be unwelcome

21
Q

what is the employer’s responsibility to prevent harassment?

A
  • provide safe and healthy work environment which includes protection from harassment
  • employers should be aware of harassment as they can be charges as well as the alleged harasser
  • includes harassment by clients or customers
22
Q

what is sexual harassment?

A

offensive or humiliating behaviour that is related to a person’s sex, as well as behaviour of a sexual nature that creates an intimidating, unwelcome, hostile, or offensive work environment or that could reasonably be thought to put sexual conditions on a person’s job or employment opportunities

23
Q

what is sexual coercion?

A

using control over employment, pay, performance appraisal or promotion to gain sexual favours

24
Q

what is sexual annoyance?

A

conduct that is hostile, intimidating, or offensive but has no direct link to tangible job benefits

25
Q

what are the reasons for harassment policies?

A
  • clarifies commitment to safe and respectful work environment
  • states that harassment is against the law
  • information for victims to identifying harassment
  • employees’ rights and responsibilities in reporting harassment
  • employers’ and managers’ responsibilities
26
Q

what is included in harassment policies?

A
  • procedures on what to do
  • penalities for retaliations
  • guidelines for appeals
  • alternative options
  • how the policy is monitored and adjusted
27
Q

what groups are the most likely to be a part of human rights cases and discrimination?

A
  • race and colour
  • religion
  • sexual orientation
  • age
28
Q

what is the purpose of the human rights tribunal?

A

provides speedy and accessible process to help parties

29
Q

what is a systemic remedy?

A

ensure compliance with legislation

30
Q

what is a restitutional remedy?

A

monetary compensation

31
Q

what are employment equity initiatives based on?

A

Charter of rights and freedoms

32
Q

what is occupational segregation?

A

the existence of certain occupations that have traditionally been male dominated and others that have been female dominated

33
Q

what is glass ceiling?

A

the invisible barrier, caused by attitudinal or organizational bias that limits the advancement opportunities of qualified designated group members

34
Q

what is the purpose of the employment equity legislation?

A

intended to remove employment barriers and promote equality

35
Q

employers under ___ must prepare a plan with specific goals to achieve better representation of designated group members at all levels of the organization

A

federal jurisdiction

36
Q

what is an employment equity program?

A

a detailed plan designed to identify and correct existing discrimination, redress past discrimination, and achieve a balanced representation of designated group members in the organization

37
Q

what groups are a part of the Plight of the Four Designated Groups?

A
  • women
  • aboriginal people
  • people with disabilities
  • visible minorities
38
Q

what percent of women are accounted for in the workforce?

A

48%

39
Q

what does “Equal pay for equal work” specify?

A

an employer cannot pay male and female employees differently if they are performing the same or substantially similar work

  • pay differences based on merit, productivity or seniority are permitted
40
Q

who has higher unemployment rates?

A

aboriginal people

41
Q

describe the employment/labour standards legislation

A
  • federal and provincial/territorial versions
  • present in every Canadian jurisdiction
  • establish minimum employee entitlements
  • set a limit on maximum number of hours of work permitted per day or week
  • employment contracts may exceed minimums
  • principle of greater benefit applies
42
Q

what is the point of the principle of greater benefits?

A

in the case of an employment contract/collective bargaining agreement that exceeds the ESA (employment standards act), the principle of greater benefits will apply so employers cannot revert back to the ESA minimum terms and conditions for workplaces

43
Q

what are the steps for enforcement of the employment standards act?

A
  • complaints filed with the Ministry of Labour or counterpart
  • filed complaint is settled through the Minstry, not civil court
  • limitation periods for filing
  • maximum claim limit for unpaid wages
44
Q

what are some reasons why employers have the right to prevent liability to the company

A
  • eliminate time wasted on personal matters
  • prevent abuse of company resources
45
Q

what rights do employees have for employee privacy?

A
  • control information about themselves
  • freedom from interference in their personal life
46
Q

describe the Personal Information Protection and Electronic Documents Act (PIPEDA)

A
  • law governs the collection, use, and disclosure of personal information
  • employers must get consent from employees when information is collected
  • electronic monitoring of employees is permitted
  • employers should have written policy
47
Q

what is the purpose of video surveillance?

A
  • monitor productivity
  • prevent employee theft and vandalism
  • employees must be made aware
  • not advised if reasonable alternatives exist

BUSN 3350 (14 decks)

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