Chapter 2

Question 1

The primary objective of most employment legislation in Canada is to…

Answer 1

prevent employers from exploiting paid workers, assuming that the balance of power shifts towards the employer

Question 2

What are the three differences between the US National Labor Relations Act and the Canadian employment legislation?

Answer 2

• Canadian population is more inclined to accept and expect government-mandated regulations about organizational activities
• Employers in Canada are able to terminate employment without a reason provided they ensure reasonable notice,
• US model is very centralized

Question 3

Canada runs on the English system of…

Answer 3

Tort law meaning primarily judge based

Question 4

Regulations are…

Answer 4

legally binding rules established by special regulatory bodies created to enforce compliance with the law and aid in its interpretation

Question 5

Charter of Rights and Freedoms is… and enacted what year?

Answer 5

Federal law enacted in 1982 that guarantees fundamental freedoms to all Canadians

Question 6

The Charter provides the following fundamental rights and freedoms to every Canadian, including but not limited to:

Answer 6

1. Freedom of conscience and religion
2. Freedom of thought, belief, opinion, and expression, including freedom of the press and other media
3. Freedom of peaceful assembly
4. Freedom of Association

Question 7

Equality Rights in Canada are…

Answer 7

Section 15 of the Charter which guarantees the right to equal protection and benefit of the law without discrimination

Question 8

Human Rights Legislation is

Answer 8

• Jurisdictions specific legislation that prohibits international and unintentional discrimination in employment situations in the delivery of goods and services

Question 9

Discrimination is defined as

Answer 9

a distinction, exclusion or preference based on one of the prohibited grounds that has the effect of…..

Question 10

Differential or unequal treatment is

Answer 10

treating an individual differently in any aspect of terms and conditions of employment based on any of the prohibited grounds

Question 11

Discrimination because of association (IMPORTANT!!!) is

Answer 11

– denial of rights because of friendship or other relationship with a protected group member
- Ex. Refusal of a promotion because a significant other was recently diagnosed with multiple sclerosis and will require too much of his attention and time

Question 12

Unintentional/ constructive/ systemic discrimination is ..

Answer 12

– discrimination that is embedded in polices and practices that appear natural on the surface and are implemented impartially but have an adverse impact on specific groups of people for reasons that are not job related or required for the safe and efficient operation of the business
EX. Minimum height and weight requirements which screen out women and people from Asia

Question 13

A Bona Fide Occupational Requirement is

Answer 13

a justifiable reason for discrimination based on business necessity

Question 14

Reasonable Accommodation

Answer 14

the adjustment of employment polices and practices that an employer may be expected to make so that no individual is denied benefits, disadvantaged in employment or prevented from carrying out the essential components of a job because of grounds prohibited in human rights legislation

Question 15

Undue Hardship

Answer 15

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

Question 16

Claims of Disability make up almost _____ of all human rights claims.
Distinction can also be drawn between _____ and _____ illness

Answer 16

Half!

Physical and Mental

Question 17

The Supreme Court of Canada has suggested three broad inquiries to determine if discrimination has taken place.
What are they?

Answer 17

1. Differential Treatment – was there substantively differential treatment due to a distinction, exclusion or preference?
2. An enumerated ground (a condition or clause that is explicitly protected by legislation): Was the differential treatment based on an enumerated ground?
3. Does the differential treatment discriminate by imposing a burden upon or withholding a benefit from a person?

Question 18

Harassment

Answer 18

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

Question 19

Systemic Remedies are

Answer 19

forward looking solutions to discrimination that require respondents to take positive steps to ensure compliance with legislation, both in respect to the current compliance with legislation, both in respect to the current complaint and any future practices

Question 20

Restitution remedies is

Answer 20

monetary compensation for the complainant to put him or her back to the position he or she would be in if the discrimination had never occurred (includes compensation for injury to dignity and self respect)

Question 21

Occupational Segregation

Answer 21

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

Question 22

Glass Ceiling

Answer 22

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

Question 23

Employment Equity Program

Answer 23

• 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

Question 24

Equal pay for Equal work

Answer 24

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

Question 25

Underemployment

Answer 25

– Being Employed in a job that does not fully utilize one’s knowledge, skills and abilities

Question 26

Employment standards legislation (ESA)

Answer 26

Laws present in every Canadian jurisdiction that establish minimum employee entitlements and set a limit on the maximum number of hours of work permitted per day or week