Chapter 2 Flashcards
In Canada, a survey of 451 HR professionals indicated that the most critical piece of knowledge required in an HR role was what?
Business acumen followed by employment law, legislative awareness, and talent management
True or false: HR professionals are expected to provide guidance, training, programs, and policy developments that are legally
defensible
True
True or false: actions of supervisors and managers as agents of the organization must also abide by legislated rules and regulations
True
Why must awareness of employment law within the organization extend beyond the HR team
Due to the risk of expensive lawsuits and their impact on employer branding or reputation
There is a mutual expectation of each party to maintain the employment relationship by fulfilling their own responsibilities within the relationship. Give an example of this statement
Informal expectation from employee POV: as long as they attend work for the scheduled number of hours, they can expect job security and continued employment from the employer
What is the issue with informal and personalized expectations?
Difficult to manage and correct if one party feels that the other has violated the expectations within the mutual relationship
What is the result of the issues created by informal and personalized expectations in the workplace?
Influence and impact of formal expectations (largely established through legislation and the interpretation of it) play a significant
role in the Canadian workplace
What is the primary objective of most employment legislation in Canada?
Prevent employers from exploiting paid workers, assuming an implicit power imbalance exists in the employment relationship (in favour of employer)
While employers have a right to modify employee work terms and arrangements according to legitimate business needs, employees have a right to….
Be protected from harmful business practices
How does the government fulfill its role in balancing employee and employer’s needs? Figure 2.1
Through the development and maintenance of employment legislation
True or false: Large focus on legislation protecting employees, but legislation also protects employers
True: the judicial system provides a forum for interpreting legislation according to the precedents that past judicial rulings have established
What does “How the legislation is interpreted can influence
formal and informal expectations in the Canadian workplace” mean
Government sets legislation
Previous interpretations of the laws impact how the laws get interpreted in the future. A.k.a precedent
What is precedent?
The decision or interpretation
of a court of another jurisdiction or similar case can act as a persuasive authority regarding how legislation is to be interpreted and applied in other jurisdictions or cases.
What is the broadest level of guaranteed protection for all persons residing in Canada?
Constitutional law, particularly the Charter of Rights and Freedoms
The regulations set forth in the Charter are not employment
specific, but all employers must abide by them because…
They are fundamental, guaranteed rights to all persons residing in Canada
What do the Federal, provincial, and territorial human rights legislation ensure?
That the rights of every Canadian are protected and that all persons are treated with equality and respect
How do the Human Rights Codes have a significant impact on the workplace?
Discrimination based on protected grounds (outlined in the legislation)
is prohibited in both: employment relationships & delivery of goods and
services. Human rights codes extend beyond the employment relationship and impact work practices
What type of employment-specific legislation must employers and employees in Canada follow?
Employers and employees in Canada must follow provincial or territorial employment or labour standards acts, which vary slightly by jurisdiction
What are some of the employment-related standards that are legislated in all Canadian jurisdictions?
Vacations, statutory holidays, and minimum wage standards are legislated in all Canadian jurisdictions, but entitlements vary by province or territory.
Why must companies with employees in multiple provinces or territories monitor HR legislation?
To ensure HR policies and practices comply with local laws, as legislation can vary between provinces or territories.
What is a potential challenge of maintaining HR policies across multiple Canadian jurisdictions?
A policy or practice might be legal in one jurisdiction but illegal in another, complicating compliance across different provinces or territories.
What areas of HR management are specifically regulated by ordinary laws in Canada?
Occupational health and safety, union relations, pensions, and compensation
What does contract law govern in employment relationships?
Collective agreements and individual employment contracts, setting specific requirements for management and employee policies and practices
What is a collective bargaining agreement?
Legally binding contract regarding the terms and conditions of employment that both employees and employers must follow
When are individual employment contracts typically signed?
They are often signed before the start of the employment relationship and serve as legal agreements between the employer and employee
What is the main focus of human rights legislation in the workplace?
It focuses on preventing discriminatory acts by employers, even if they are unintentional
How is human rights legislation typically enforced?
It is reactive, meaning it is complaint-driven and responds to reported instances of discrimination.
What is the Charter of Rights and Freedoms?
Federal law enacted in 1982
that guarantees fundamental
freedoms to all Canadians
What is the cornerstone of Canada’s human rights legislation?
The Constitution Act of 1982, which contains the Charter of Rights and Freedoms.
To whom does the Charter of Rights and Freedoms apply?
It applies to all levels of government (federal, provincial, territorial, and municipal) and agencies under their jurisdiction.
What is the significance of the Charter of Rights and Freedoms in relation to other laws?
The Charter takes precedence over all other laws, meaning all legislation must meet its standards.
What are the two notable exceptions to the Charter’s precedence over other laws?
First, practices may infringe on Charter rights if they can be demonstrably justified as reasonable limits in a free and democratic society. Second, the “notwithstanding” provision allows a legislative body to exempt laws from being challenged under the Charter.
What are some of the fundamental rights and freedoms guaranteed by the Charter?
- Freedom of conscience and religion
- Freedom of thought and expression
- Freedom of peaceful assembly
- Freedom of association.
What additional rights does the Charter provide to Canadians?
It includes multicultural heritage rights, First Nations’ rights, minority language education rights, equality rights, the right to live and work anywhere in Canada, the right to due process in criminal proceedings, and the right to democracy.
What are equality rights?
Found in section 15 of the Charter of Rights and Freedoms, which guarantees the right to equal protection and benefit of the law without discrimination
What is discrimination?
As used in the context of human rights in employment, a distinction, exclusion, or preference based on any of the prohibited grounds that
has the effect of nullifying or impairing the right of a person
to full and equal recognition and exercise of their human rights and freedoms.
Which forms of discrimination are explicitly prohibited under Section 15 of the Charter?
Discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability is prohibited.
What is Human Rights Legislation?
Jurisdiction-specific legislation that prohibits intentional and unintentional discrimination in employment situations and in the delivery of goods and services.
Who is protected by human rights legislation in Canada?
Every person residing in Canada
What is the scope of human rights legislation in relation to employment contracts?
Human rights legislation supersedes the terms of any employment contract or collective agreement.
Why must supervisors and managers be familiar with human rights legislation?
They need to understand their legal obligations and responsibilities, as the legislation affects almost all aspects of human resources management.
How is employment-related law divided across Canada?
Responsibility for employment law resides with provinces and territories, except for federal civil service employees, Crown corporations, and businesses in transportation, banking, and communications, which are federally regulated.
What percentage of Canadians are covered by provincial/territorial versus federal employment legislation?
Ninety percent are covered by provincial and territorial legislation, while 10 percent are covered by federal legislation.
What grounds of discrimination are prohibited by human rights legislation in all jurisdictions?
Discrimination based on race, colour, religion, nationality, sex, marital status, age, disability, and sexual orientation is prohibited in all jurisdictions.
What additional grounds of discrimination are prohibited in some, but not all, Canadian jurisdictions?
Political beliefs, previous criminal convictions, social conditions, and other grounds are prohibited in some jurisdictions.
What employment-related issues are implied protections under human rights acts, even if not explicitly mentioned?
Protections against sexual harassment, gender-based pay inequities, and association with protected groups are implied under human rights acts.
What does it generally mean when someone is accused of discrimination?
It means the person is perceived to be acting in an unfair or prejudiced manner based on prohibited grounds for discrimination.
How does recent research define employment discrimination?
Employment discrimination is seen as intergroup biases based on social group memberships, which shape how individuals define themselves versus others.
What is the relationship between social identity and discrimination?
Social identity, or the concept of “self versus others,” can lead to prejudice or stereotypes, which may manifest as acts of discrimination
Since 2000, what has most employment discrimination research focused on?
It has focused on the concept of social identity as a key factor in understanding discrimination.
What does the law prohibit regarding discrimination?
Making choices based on perceived but inaccurate differences that harm specific individuals or groups.
What does it mean if someone feels they have been discriminated against?
It means they believe they were treated unfairly based on one of the protected grounds in their jurisdiction, whether intentionally or unintentionally
What would be an example of a violation of human rights laws in the workplace?
Discriminating against an employee based on their ethnicity, race, or gender would be a violation since these are protected grounds.
What kind of discrimination falls outside the scope of human rights legislation?
Discrimination based on something like wearing a purple top to work would not violate human rights laws, as it is not a protected ground.
Do standards related to discrimination remain constant over time?
No, standards pertaining to discrimination change over time.
Is intentional discrimination allowed in employment?
Except in specific circumstances, intentional discrimination is prohibited.
What are some examples of direct intentional discrimination by an employer?
Deliberately refusing to hire, train, or promote an individual based on prohibited grounds is an example of direct intentional discrimination.
Is deliberate discrimination always overt?
No, overt discrimination is rare today, but subtle, indirect discrimination can still occur and is harder to prove.
What makes subtle discrimination difficult to identify?
In cases like a 60-year-old applicant being rejected for a job, it may be hard to determine if the decision was based on a better-qualified candidate or if age discrimination occurred.
