Chapter 2 Flashcards

1
Q

Who is covered by federal employment legislation?

A

Federal employment legislation covers individuals employed by the federal government and federally regulated businesses (e.g.: banks, airlines). Covers about 10% of the workforce.

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2
Q

What does employment legislation aimed at doing?

A

Establish minimum employee entitlements pertaining to:  wages, paid holidays and vacation
 maternity, parenting and adoption leaves
 bereavement and compassionate care leave
 termination notice and overtime pay
Set limit on maximum number of work hours permitted
per day or week
Principle of equal pay for equal work

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3
Q

What are some of the federal legislation affecting employment standards?

A

Charter of Rights and Freedoms – enacted in 1982, it guarantees fundamental freedoms to all Canadians. It is far reaching and takes precedence over all other laws.
Canada Human Rights Act – federal legislation banning a variety of discriminatory practices that applies to federal agencies, crown corps. and federally regulated industries.
Canada Labour Code – federal laws pertaining to minimal employment issues such as wages, paid holidays, terminations, etc.

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4
Q

What is discrimination?

A

distinction, exclusion or preference based on a prohibited ground which nullifies or impairs a person’s rights to full and equal recognition and exercise of human rights and freedoms

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5
Q

How do provincial human rights commissions work?

A

If an individual feels discriminated against, s/he can contact provincial human rights officer, who will investigate and attempt to reach a settlement between parties. Covers the majority of cases.
If no agreement, then will go up to the commission and the minister in charge.
Non-compliance with the decision may be taken to provincial court where individuals and organizations can face penalties and fines.

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6
Q

What kind of discrimination is prohibited?

A
Intentional:
direct
differential/unequal treatment
based on association
Unintentional:
apparently neutral policies have adverse impact on protected groups
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7
Q

What are reasonable accommodation?

A

Adjustment of employment policies/practices so that no individual is:
 denied benefits
 disadvantaged in employment
 prevented from carrying out a job
Human rights legislation mandates employers must accommodate to point of ‘undue hardship’ (the point where financial cost or health and safety risks make accommodation impossible)

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8
Q

What is Bona Fide Occupational Requirement (BFOR)?

A

A justifiable reason for discrimination based on business reasons of safety or effectiveness.
The Supreme Court of Canada established a 3-
step test for determining a BFOR status for an
employer:
1. that the standard is for a purpose rationally connected to the performance of the job;
2. that the standard is “honest” and there is a good faith belief that it was necessary to the fulfilment of that legitimate work-related purpose; and
3. that the standard is reasonably necessary to the accomplishment
of that legitimate work-related purpose.

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9
Q

What is pay equity?

A

Equal pay for work of equal value (paying a woman the same as a man doing the exact same job)
Equal pay for work of comparable worth (paying a job traditionally held by women the same as a job traditionally held by men that are deemed comparable)

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10
Q

What are the four designated groups in the employment equity?

A

women, visible minorities, aboriginal peoples and persons with disabilities who have traditionally been disadvantaged in employment.

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11
Q

What is employment equity act?

A

Prohibits discrimination in federally regulated businesses Failure to comply may result in fines
Also includes other businesses with 100 employees or more who wish to bid on federal contracts worth $200,000 or more.
 must put their commitment to employment equity in writing
 must also submit to random on-site compliance reviews
 If found not in compliance, may face fines or exclusion from future government contracts

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12
Q

What are some of the benefits of employment equity?

A
Larger applicant pool
 Avoid costly human rights complaints
 Enhanced ability to recruit and retain
 Enhanced employee morale
 Improved corporate culture
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13
Q

What are some of the steps for employment equity program implementation?

A
Step 1: Senior Management Commitment and Support
Step 2: Data Collection and Analysis
Step 3: Employment Systems Review
Step 4: Plan Development
Step 5: Implementation
Step 6: Monitoring, Evaluation, Revising
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14
Q

How to implement senior management commitment to employment equity?

A

Top down strategy
Communicate information on employment equity to employees and consult and collaborate with employee representatives.
Policy statements about employment equity
Variety of communication tools Assignment of responsible senior staff

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15
Q

What are some of the key activities at the data collection stage? (EE program)

A

Self identification cards
Identify jobs where members of designated groups are under-represented.
Stock data
 The number, titles, salaries, etc. of members of designated groups in the organization.
Flow data
 The distribution of members of designated groups in applications, interviews, hiring decisions, training and promotion opportunities and terminations.

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16
Q

How to implement employment system review?

A

Workforce Utilization Analysis
 The process of comparing the composition of members of designated groups within an organization against composition of the employer’s relevant labour market.
 Underutilization : term applied to designated groups that are not utilized or represented in the employer’s workforce proportional to their numbers in the labour market.
 Concentration : term applied to designated groups whose numbers in a particular occupation are high relative to their numbers in the labour market.

17
Q

How to establish a work plan for the employment equity?

A

The data analysis would have revealed gaps in underutilization.
The plan should include numerical goals, timetables, explanations about the proposed improvements in the hiring, training and promotion of designated groups to increase their representation and distribution throughout the organization.
Include a monitoring and evaluation plan

18
Q

What is diversity management?

A

broader/more inclusive than employment equity
 a set of activities designed to: integrate all employees in multicultural
workforce
use diversity to enhance organization’s effectiveness

19
Q

How to create an inclusive environment?

A

top management commitment
integration of diversity initiatives and talent managment
diversity training program
support groups
critical relationship networks
open dialogue
management responsibility and accountability

20
Q

What is a harassment?

A

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

21
Q

What is sexual coercion?

A

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

22
Q

What is sexual annoyance?

A

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