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HRM > Chapter 2 > Flashcards

Chapter 2 Flashcards

1
Q

stare decisis

A

Decisions of a higher court can act as the binding authority on a lower court decision within that same jurisdiction

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2
Q

true or false Most regulations start at the national level

A

true

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3
Q

true or fasle Provincial and local regulations are more likely to extend national regulations rather than create new ones

A

true

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4
Q

precedent

A

The decision or interpretation of a court of another jurisdiction can act as a persuasive authority regarding how legislation is to be interpreted and applied in other jurisdictions.

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5
Q

true or false all persons residing in Canada are guaranteed protection under constitutional law, particularly the Charter of Rights and Freedoms

A

true

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6
Q

true or false employers must abide by a series of employment-specific legisla-tion, such as the Employment Standards Act

A

true

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7
Q

true or false there are laws that specifically regulate some areas of HRM—occupational health and safety, union relations, as well as pensions and compensation (

A

true

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8
Q

Tort law

A

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, as either intentional torts or unintentional torts

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9
Q

regulations

A

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

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10
Q

two categories of tort law

A

Intentional and unintentional

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11
Q

Intentional tort laws consist of

A

intentional torts (for example, assault, battery, trespass, intentional affliction of mental distress)

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12
Q

unintentional tort laws consist of

A

unintentional torts (for example, negligence based on events in which harm is caused by carelessness)

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13
Q

true or false cannot agree to wages less than the minimum wage

A

true

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14
Q

ESA cannot violate the minimums set forth in the Charter of Rights and Freedoms

A

true

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15
Q

4 Designated protected groups:

A

Women
Aboriginal people
Visible minorities
People with disabilities

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16
Q

Legal framework

A

require workplaces to put in place proactive programs
Help fix past injustices
Advancement

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17
Q

A designated group with high unemployment?

A

aboriginal people

  • have a lack of social network
  • limited opportunity for career progress
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18
Q

women earn ___ cents per every dollar earned by men working full and part-time

A

69 cents

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19
Q

women earn ___ center for every dollar earned by men working full time only

A

75 cents

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20
Q

hourly wages of full-time work women earn __ cents for every dollar earned by men

A

87 cents

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21
Q

Women are ________ in trades, in natural & applied sciences, management positions and, members of boards

A

Under-represented

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22
Q

how many women make up the house of commons (%)

A

22.1%

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23
Q

Occupational segregation

A

Occupations that have traditionally been male dominated and others that have been female dominated

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24
Q

what designated group experiences high unemployment and ay disparities

A

People with disabilities

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25
Q

Duty to accommodate

A

Employers and unions, housing providers and service providers havea legal duty to accommodate the needs of people with disabilities who are adversely affected by a requirement, rule or standard

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26
Q

true or false Higher levels of ethnic diversity increase revenue by a whopping 15%

A

true

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27
Q

Canadian constitution was written in? and enacted in?

A

1867, 1982

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28
Q

true or false The Charter applies to the actions of all levels of government (federal, provincial/territorial, and municipal) and agencies under their jurisdiction as they go about their work of creating laws. The Charter takes precedence over all other laws, which means that all legislation must meet Charter standards;

A

true

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29
Q

true or false allows laws to infringe on Charter rights if the law can be demonstrably justified as reasonable limits in a “free and democratic society

A

true

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30
Q

what are the 4 freedoms in the charter of rights and freedoms?

A
  1. Freedom of conscience and religion
  2. Freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication
  3. Freedom of peaceful assembly
  4. Freedom of association
31
Q

equality rights

A

guarantees the right to equal protection and benefit of the law without discrimination

32
Q

what is Freedom of conscience and religion

A

Freedomto changereligionor belief
Either alone, or in community with others, in public or in private
To manifestreligion,or belief, in worship, teaching, practice and observance

33
Q

what is Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication

A

Have anyopinionorbelief, to express thosebeliefs,

Via words, actions or any other means ofexpression, so long as,the expressionis not violent in form, or in content

34
Q

what is Freedom of peaceful assembly

A

Freedom to assemble, express, promote, pursue, & defend ideas in public places
Freedom to onlypeaceful assembly-breach of the peace, such as riots, are not provided for (e.g., Capitol Hill Riots)

35
Q

what is Freedom of association

A

Freedom to form societies, clubs, and other groups of people
Right to join or leave groups voluntarily (e.g. Social network)
Right of the group to take collective action to pursue the interests of its members (e.g. collective agreement and bargaining
Right of an association to accept/decline membership based on certain criteria

36
Q

human rights legislation

A

prohibits intentional and unintentional discrimination in employment situations and in the delivery of goods and services.

37
Q

true or false human rights legislation supersedes the terms of any employment contract or collective agreement

A

true

38
Q

5 charter rights include

A
  1. Mobility rights
    -Live and seek employment anywhere in Canada
    2.Legal rights
    • Life, liberty, and personal security
  2. Officially recognized languages of Canada
    • Minority language education rights
  3. Canada’s multicultural heritage & Aboriginal peoples’
    rights
  4. Equality rights
    • Treated with the same respect, dignity & consideration
    • No discrimination on the prohibited grounds
39
Q

Canadian human rights act was effective in ____ year?

A

1978

40
Q

discrimination

A

As used in the context of human rights in employment, a distinction, exclusion, or preference based on one 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 his or her human rights and freedoms.

41
Q

which act protects individuals from discrimination and harassment

A

The Charter and human rights act

42
Q

true or false Human rights legislation is under the human rights act and is passed and enforced by provincial governments

A

true

43
Q

what are the three forms of discrimination

A

intentional, unintentional, legal

44
Q

intentional discrimination includes what 3 things

A
  1. direct discrimination
  2. discrimination by association
  3. differential treatment discrimination
45
Q

unintentional discrimination includes what

A

consrtructive/ systematic discrimation

46
Q

what is direct discrimination?

A

Organization directly refuses
- To hire, train or promote an individual on any of the prohibited grounds e.g., race, national or ethnic origin, colour, religion, etc.

47
Q

what is Discrimination by association?

A

Denial of hiring, training or promotion because of candidate/employee relationship with a protected/designated group member

48
Q

what type of discrimination is this an example of
E.g., a husband is denied a promotion because his wife has multiple sclerosis (designated group- People with disabilities)

A

intentional - discrimination by association

49
Q

what type of discrimination is this an example of
E.g. Job candidate did not get a job due to age
Overt, difficult to demonstrate - subtleness

A

intentional - direct discrimination

50
Q

what is Differential treatment discrimination?

A

Treated differently than others based on a prohibited grounds – e.g., race, religion, age, sex, etc.

51
Q

what type of discrimination is this an example of
E.g., a company hires only men for a job that they consider to be “man’s work” /younger women will seek maternity leave
Discriminatory to women - denies women employment opportunities

A

intentional Differential treatment discrimination

52
Q

what type of discrimination is this an example of

E.g., Asian employee commits the same infraction as others but receive different disciplines

A

intentional differential treatment discrimination

53
Q

what is Constructive/systematic discrimination?

A
  • Neutral policy or practise unintentionally singles out a group of people
  • Results in unequal treatment
  • Policies are applied equally to all without differentiating on a protected ground
  • Policies results in an adverse effect on a protected/designated group
54
Q

what type of discrimination is this an example of Employer has a rule that male employees must be clean-shaven
Using this rule, the employer refuses to hire a Sikh, Rastafarian, Mennonite men, who, according to religion, are not allowed to shave

A

unintentional- Constructive/systematic discrimination

55
Q

what type of discrimination is this an example of Setting height/strength requirements (e.g., firefighters) might take out the “majority” of women

A

unintentional Constructive/systematic discrimination

56
Q

true or false Employers permitted to legally discriminate for justifiable business reasons

A

true

57
Q

what is differential or unequal treatment

A

Treating an individual or group differently in any aspect of terms and conditions of employment based on any of the prohibited grounds.

58
Q

true or false illegal for an employer to engage in intentional discrimination indirectly through another party

A

true

59
Q

unintentional discrimination include

A

maximum height and weight requirements, limited accessibility to company premises, job evaluation systems that are not gender-neutral, and lack of a harassment policy or guidelines.

60
Q

bona fide occupational requirement (BFOR)

A

as a justifiable reason for discrimination based on business necessity, such as the requirement for the safe and efficient operation of the organization.

61
Q

three criteria used to assess the legality of BFOR occupational requirements

A
  1. The discriminatory policy/procedure is based on a legitimate, work-related purpose
  2. Employers in all honesty and good faith believe that what they are asking is necessary for the role
  3. Looked into different possible ways to accommodate without discriminating
    but is not possible “due to the undue hardship it will impose”
62
Q

reasonable accommodation

A

Employers are required to adjust employment policies and practices so that no individual is prevented from doing his or her job on the basis of prohibited grounds for discrimination

63
Q

undue hardship

A

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

64
Q

harassment

A

any unwanted physical or verbal conduct that offends or humiliates an individual. Such conduct can interfere with one’s ability to do a job or obtain a service

65
Q

disability

A

disability includes a wide range of conditions, some which are visible and some which are not. A disability may be present from birth, caused by an accident, or develop over time.

66
Q

employer obligations o harassment

A
  1. awareness of the issue of harassment
  2. fulfilling post- complaint actions
  3. resolving the complaint
67
Q

sexual harassment

A

Offensive or humiliating behaviour that is related to a person’s sex, as well as the behaviour of a sexual nature that creates an intimidating, unwelcome, hostile, or offensive work environment or that, could reasonably be thought to put sexual conditions on a person’s job or employment opportunities.

68
Q

2 categories of sexual harassment are

A

Sexual coercion
-results in some direct consequence to the workers job or status
sexual annoyance
- no direct link to job benefits or loss

69
Q

what is the Employment Equity Act

A

Employment Equity Act–passed by the Federal Government (1987)

Promote working conditions free from barriers
Correct conditions of disadvantages in employment
Engage in proactiveemploymentpractices to increase representation of 4 designated groups

70
Q

what 4 groups does the employee equity act protect?

A

Women
People with disabilities
Aboriginal peoples
Visible minorities

71
Q

what is an employment equity program?

A

is designed to achieve a balanced representation of designated group members in the organization.

72
Q

what is a glass ceiling?

A

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

73
Q

true or false If there is a conflict between the ESA/LSA and another contract, the principle of greater benefit is applied, meaning that the employee is entitled to the better of the two option

A

true

HRM (4 decks)

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