Chapter 2 Flashcards
Who is covered by federal employment legislation?
Federal employment legislation covers individuals employed by the federal government and federally regulated businesses (e.g.: banks, airlines). Covers about 10% of the workforce.
What does employment legislation aimed at doing?
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
What are some of the federal legislation affecting employment standards?
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.
What is discrimination?
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
How do provincial human rights commissions work?
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.
What kind of discrimination is prohibited?
Intentional: direct differential/unequal treatment based on association Unintentional: apparently neutral policies have adverse impact on protected groups
What are reasonable accommodation?
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)
What is Bona Fide Occupational Requirement (BFOR)?
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.
What is pay equity?
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)
What are the four designated groups in the employment equity?
women, visible minorities, aboriginal peoples and persons with disabilities who have traditionally been disadvantaged in employment.
What is employment equity act?
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
What are some of the benefits of employment equity?
Larger applicant pool Avoid costly human rights complaints Enhanced ability to recruit and retain Enhanced employee morale Improved corporate culture
What are some of the steps for employment equity program implementation?
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
How to implement senior management commitment to employment equity?
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
What are some of the key activities at the data collection stage? (EE program)
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.