Chapter 2

Question 1

Tort Law

Answer 1

primarily judge-based law, whereby the precedent and jurisprudence set by one judge through his or her assessment of a case establishes how similar cases will be interpreted

Question 2

intentional tort

Answer 2

assualt, battery, trespass, intentional affliction of mental distress

Question 3

unintentional torts

Answer 3

negligence based on events in which harm is caused by carelessness

Question 4

regulatons

Answer 4

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

Question 5

Charter of Rights and Freedoms

Answer 5

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

1. freedom of conscience and religion
2. freedom of though, belief, opinion, and expresiions, including freedom of the press and other communication media
3. freedom of peaceful assembly
4. freedom of association

Question 6

equality rights

Answer 6

found in section 15 of the charter of rights and freedoms, which guarantees the right to equal protect and benefit of the law without discrimination

based upon- race, national or ethical origin, colour, religion, sex, age, or mental or physical disability.

Question 7

human rights legislation

Answer 7

jurisdiction-specific legislation that prohibits intentional and unintentional discrimination in employment situations and in the delivery of goods and services.

Question 8

discrimination

Answer 8

as used in the context of human rights in employment, a distinction, exlcusion or preference based on any of the prohibited grounds and has the effect of nullifying or impairing the right of a person to full and equal recognition and exercise of his or her human rights and freedoms

Question 9

differential or unequal treatment

Answer 9

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

Question 10

discrimination because of association

Answer 10

denial of rights because of friendship or other relationship with a protected group member

Question 11

unintentional/constructive/systemic discrimination

Answer 11

discrimination that is embedded in policies and practices that appear neutral on surface and are implemented impartially, by have an adverse impact on specific groups of people for reasons that are not job related or require for the safe and efficient operation of the business.

Question 12

bona fide occupational requirement (BFOR)

Answer 12

a justifiable reason for discrimination based on business necessity (that is, required for the safe and efficient opertion of organization ) or a requirement that can be clearly defended as intrinsically required by the tasks an employee is expected to perform.

Question 13

reasonable accommodation

Answer 13

the adjustment of employment policies and practice 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 componenets of a job because for grounds prohibited in the human rights legislation.

Question 14

undue hardship

Answer 14

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

Question 15

types of disabilities

Answer 15

physical, mental and learning disabilities
epilepsy; drug and alcohol dependencies
environmental sensitivities

Question 16

harassment

Answer 16

unwelcomed behavior that demeans, humiliates, or embarrasses a person and that a reasonable person should have known would be unwelcomed

Question 17

sexual harassment

Answer 17

offensive or humiliating behaviors that is related to a persons sex, as well as behaviour of a sexual natural that creates an intimidating, unwelcomed, hostile, or offensive work environment or that could reasonably be thought put seucal conditions on a persons job or employment opportunities

Question 18

Sexual coercion

Answer 18

harassment of sexual nature that results in some direct consequence to the work’s employment status or some gain in or loss of tangible job benefits.

Question 19

Sexual annoyance-

Answer 19

sexually related conduct that is hostile, intimidating, or offensive to the employee but has no direct link to tangible job benefits or loss thereof.

Question 20

Types of discrimination/harassment

Answer 20

race, color, sexual orientation, religion , age, aboriginals , people with disabilities , visible minorities

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 legislation

Answer 23

intended to remove employment barriers and promote equity of the members of the four designated groups

Question 24

Employment equity program

Answer 24

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 25

Equal pay for equal work

Answer 25

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

Question 26

Underemployment-

Answer 26

being employed in a job that does not fully utilize one’s knowledge, skills, and abilities.

Question 27

Employment (labor) standards legislation

Answer 27

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.

Question 28

Employment standards act(ESA

Answer 28

establish minimum terms and conditions for workplaces pertaining to such issues as wages paid holiday and vacations’ maternity, parental, or adoption leave, bereavement leave’ compassionate care leave, termination notice, and overtime pay.

Question 29

Personal Information protection and electronic documents act (PIPEDA)

Answer 29

legislation that governs the collect, use , and disclosure of personal information across Canada, including employers’ collection and dissemination of personal information about employees.