Chapter 2

Question 1

stare decisis

Answer 1

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

Question 2

true or false Most regulations start at the national level

Answer 2

true

Question 3

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

Answer 3

true

Question 4

precedent

Answer 4

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.

Question 5

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

Answer 5

true

Question 6

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

Answer 6

true

Question 7

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 (

Answer 7

true

Question 8

Tort law

Answer 8

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

Question 9

regulations

Answer 9

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

Question 10

two categories of tort law

Answer 10

Intentional and unintentional

Question 11

Intentional tort laws consist of

Answer 11

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

Question 12

unintentional tort laws consist of

Answer 12

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

Question 13

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

Answer 13

true

Question 14

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

Answer 14

true

Question 15

4 Designated protected groups:

Answer 15

Women
Aboriginal people
Visible minorities
People with disabilities

Question 16

Legal framework

Answer 16

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

Question 17

A designated group with high unemployment?

Answer 17

aboriginal people

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

Question 18

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

Answer 18

69 cents

Question 19

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

Answer 19

75 cents

Question 20

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

Answer 20

87 cents

Question 21

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

Answer 21

Under-represented

Question 22

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

Answer 22

22.1%

Question 23

Occupational segregation

Answer 23

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

Question 24

what designated group experiences high unemployment and ay disparities

Answer 24

People with disabilities

Question 25

Duty to accommodate

Answer 25

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

Question 26

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

Answer 26

true

Question 27

Canadian constitution was written in? and enacted in?

Answer 27

1867, 1982

Question 28

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;

Answer 28

true

Question 29

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

Answer 29

true

Question 30

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

Answer 30

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

Question 31

equality rights

Answer 31

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

Question 32

what is Freedom of conscience and religion

Answer 32

Freedom to change religion or belief Either alone, or in community with others, in public or in private To manifest religion, or belief, in worship, teaching, practice and observance

Question 33

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

Answer 33

Have any opinion or belief, to express those beliefs, | Via words, actions or any other means of expression,  so long as, the expression is not violent in form, or in content

Question 34

what is Freedom of peaceful assembly

Answer 34

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

Question 35

what is Freedom of association

Answer 35

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

Question 36

human rights legislation

Answer 36

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

Question 37

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

Answer 37

true

Question 38

5 charter rights include

Answer 38

1. Mobility rights -Live and seek employment anywhere in Canada 2.Legal rights - Life, liberty, and personal security 3. Officially recognized languages of Canada - Minority language education rights 4. Canada’s multicultural heritage & Aboriginal peoples’ rights 5. Equality rights - Treated with the same respect, dignity & consideration - No discrimination on the prohibited grounds

Question 39

Canadian human rights act was effective in ____ year?

Answer 39

1978

Question 40

discrimination

Answer 40

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.

Question 41

which act protects individuals from discrimination and harassment

Answer 41

The Charter and human rights act

Question 42

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

Answer 42

true

Question 43

what are the three forms of discrimination

Answer 43

intentional, unintentional, legal

Question 44

intentional discrimination includes what 3 things

Answer 44

1. direct discrimination 2. discrimination by association 3. differential treatment discrimination

Question 45

unintentional discrimination includes what

Answer 45

consrtructive/ systematic discrimation

Question 46

what is direct discrimination?

Answer 46

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.

Question 47

what is Discrimination by association?

Answer 47

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

Question 48

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)

Answer 48

intentional - discrimination by association

Question 49

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

Answer 49

intentional - direct discrimination

Question 50

what is Differential treatment discrimination?

Answer 50

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

Question 51

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

Answer 51

intentional Differential treatment discrimination

Question 52

what type of discrimination is this an example of | E.g., Asian employee commits the same infraction as others but receive different disciplines

Answer 52

intentional differential treatment discrimination

Question 53

what is Constructive/systematic discrimination?

Answer 53

- 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

Question 54

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

Answer 54

unintentional- Constructive/systematic discrimination

Question 55

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

Answer 55

unintentional Constructive/systematic discrimination

Question 56

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

Answer 56

true

Question 57

what is differential or unequal treatment

Answer 57

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

Question 58

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

Answer 58

true

Question 59

unintentional discrimination include

Answer 59

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.

Question 60

bona fide occupational requirement (BFOR)

Answer 60

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

Question 61

three criteria used to assess the legality of BFOR occupational requirements

Answer 61

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”

Question 62

reasonable accommodation

Answer 62

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

Question 63

undue hardship

Answer 63

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

Question 64

harassment

Answer 64

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

Question 65

disability

Answer 65

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.

Question 66

employer obligations o harassment

Answer 66

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

Question 67

sexual harassment

Answer 67

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.

Question 68

2 categories of sexual harassment are

Answer 68

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

Question 69

what is the Employment Equity Act

Answer 69

Employment Equity Act–passed by the Federal Government (1987) Promote working conditions free from barriers Correct conditions of disadvantages in employment Engage in proactive employment practices to increase representation of 4 designated groups

Question 70

what 4 groups does the employee equity act protect?

Answer 70

Women People with disabilities Aboriginal peoples Visible minorities

Question 71

what is an employment equity program?

Answer 71

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

Question 72

what is a glass ceiling?

Answer 72

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

Question 73

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

Answer 73

true