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MGMT 411: Human Resource Management > Chapter 2: Changing Legal Emphasis > Flashcards

Chapter 2: Changing Legal Emphasis Flashcards

1
Q

In Canada, a survey of 451 HR professionals indicated that the most critical piece of knowledge required in a HR role was

A

business acumen

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2
Q

The primary objective of most employment legislation in Canada is to

A

prevent employers from exploiting paid workers, assuming that an implicit power imbalance exists in the employment relationship (in favour of the employer).

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3
Q

The government’s role is to balance employee and employer needs through the development and maintenance of employment legislation

A

Employer side: Have a right to modify employee work terms and arrangements according to legitimate business needs

Employees side: Have a right to be protected from harmful business practices

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4
Q

Who sets the legislation?

A

The government!

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5
Q

Stare decisis

A

The decision of a higher court (e.g., the Supreme Court of Canada) can act as the binding authority on a lower court (e.g., provincial courts)decisions within that same jurisdiction

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6
Q

Precedent

A

The decision of 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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7
Q

The broadest level of guaranteed protection for all persons residing in Canada is

A

Constitutional law, particularly the Charter of Rights and Freedoms

All employers must abide by them because they are fundamental, guaranteed rights to all persons residing in Canada

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8
Q

Provincial and territorial Human Rights legislation

A

ensure that the rights of every Canadian are protected and that all persons are treated with equality and respect

Protection from discrimination in employment relationships and the delivery of goods and services

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9
Q

Employment Standards Acts

A

Establishes minimum terms and conditions of the employment relationship within each jurisdiction (such as minimum wages, hours of work, maternity leave)

vary slightly by jurisdiction

For example, vacations, statutory holidays, and minimum wage standards are legislated in all jurisdictions, but entitlements vary based on jurisdiction

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10
Q

Contract law

A

which governs collective agreements and individual employment contracts.

imposes specific requirements and constraints on management and employee policies, procedures, and practices

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11
Q

Layers of Canadian Legislation

A
  • -Affects the general Population–
    1) Canadian charter of rights and freedom
    2) Human rights legislation
    3) Employment standard legislation
    4) Ordinary laws
    5) Collective bargaining agreement
    6) Employment Contract
  • -Affects specific employees or conditions–

Numbers are not weighted by number

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12
Q

Tort law

A

primarily judge based law, whereby a victim is provided compensation for losses or damages in civil court (not criminal court)

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13
Q

how many categories are there of tort law?

A

2

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14
Q

What are the 2 categories of tort law?

A

1) Intentional torts

2) unintentional torts

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15
Q

1) Intentional torts

A

(e.g., assault, battery, trespass, and intentional affliction of mental distress)

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16
Q

2) unintentional torts

A

(e.g., negligence based on events in which harm is caused by carelessness)

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17
Q

Regulations

A

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

Created by parties such as the ministries of labour and human rights commissions

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18
Q

Employees often choose to view the regulations as a _______ and expect to receive ______ than the minimum requirements (more than the minimum wage, minimum entitlement for vacation days, minimum entitlement for severance pay, etc.)

A

statutory floor

higher

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19
Q

In contrast, _______ often prefer to view legislated guidelines as a _______ and align maximum commitment levels to the minimums established in the guidelines

A

employers

contractual ceiling

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20
Q

_______ makes it illegal to discriminate, even unintentionally, against various groups

A

Human rights legislation

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21
Q

Reactive (complaint driven) in nature, the focus of such legislation is on the types of acts in which employers should not engage. Included in this category are:

A

1) The Charter of Rights and Freedoms, federal legislation that is the cornerstone of human rights in Canada, and
2) Human rights legislation, which is present in every jurisdiction.

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22
Q

The Charter of Rights and Freedoms

A

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

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23
Q

The cornerstone of human rights is the ___________

A

Constitution Act

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24
Q

What important charter is in the Constitution Act

A

Charter of Rights and Freedoms

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25
Q

The Charter of Rights and Freedoms applies to what levels of government?

A

All levels!!

federal, provincial and territorial, and municipal

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26
Q

What takes precedence over all other laws?

A

The Charter of Rights and Freedoms

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27
Q

2 exceptions to the charter taking precedence over all other laws

A

1) Since “demonstrably justified” and “reasonable” are open to interpretation, many issues challenged under the Charter eventually end up before the Supreme Court of Canada, the Charter’s ultimate interpreter
2) The second exception occurs when a legislative body invokes the “notwithstanding” provision, which allows the legislation to be exempted from challenge under the Charter.

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28
Q

The Charter provides the following fundamental rights and freedoms to every Canadian, including but not limited to:

A

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

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29
Q

In addition, the Charter provides

A

Canadian multicultural heritage rights,

First Nations’ rights,

minority language education rights,

equality rights,

the right to live and work anywhere in Canada,

the right to due process in criminal proceedings,

and the right to democracy.

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30
Q

Equality rights

A

Found in section 15 of the Charter of Rights and Freedoms, which guarantees the right to equal protection and benefit of the law without discrimination

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31
Q

Discrimination

A

A distinction, exclusion, 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

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32
Q

Human rights legislation

A

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

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33
Q

Who is protected by the human rights legislation?

A

Every person residing in Canada

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34
Q

An important feature of human rights legislation is that it

A

supersedes the terms of any employment contract or collective agreement

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35
Q

________ prohibit discrimination on the grounds of race, colour, religion or creed, sex, marital status, age, disability, and sexual orientation

A

All jurisdictions

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36
Q

________ prohibit discrimination on the basis of family status, nationality, ethnic origin, and various other grounds.

A

Some, but not all, jurisdictions further

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37
Q

When someone is accused of discrimination, how how they been percieved?

A

He or she is perceived to be acting in an unfair or prejudiced manner within the context of prohibited grounds for discrimination

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38
Q

Employment discrimination

A

intergroup biases that occur because of social group memberships, which often creates an identity of how we define and see ourselves versus others

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39
Q

For example, if an employee were discriminated against based on his or her ethnicity/race or gender, then this would be a violation of ____________ since ethnicity, race, and gender are protected grounds

A

the human rights laws

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40
Q

In comparison, if a person were discriminated against for wearing a purple top to work, this would fall outside the scope of __________, therefore the human rights legislation would not be directly violated.

A

human rights legislation

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41
Q

Can an employer intentionally discriminate on someone?

A

An employer cannot discriminate directly by deliberately refusing to hire, train, or promote an individual on any of the prohibited grounds

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42
Q

Example of subtle indirect discrimination

A

For example, if a 60-year-old applicant is not selected for a job and is told that there was a better-qualified candidate, it is often difficult for the rejected job seeker to determine if someone else truly did more closely match the firm’s specifications or if the employer discriminated on the basis of age.

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43
Q

Differential or unequal treatment

A

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

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44
Q

Is an employer prohibited or not prohibited from intentional discrimination in the form of differential or unequal treatment?

A

An employer is also prohibited from intentional discrimination in the form of differential or unequal treatment.

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45
Q

Example of differential or unequal treatment

A

For example, it is illegal for an employer to request that only female applicants for a factory job demonstrate their lifting skills or to insist that any candidates with a physical disability undergo a pre-employment medical exam, unless all applicants are being asked to do so.

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46
Q

It is ________ for an employer to engage in intentional discrimination indirectly through another party.

A

illegal

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47
Q

Example of indirectly discriminating through a third party

A

For example, an employer cannot request that an employment agency refer only male candidates for consideration as management trainees or instruct supervisors that racial minorities are to be excluded from consideration for promotions.

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48
Q

Discrimination because of association

A

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

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49
Q

Is Discrimination because of association a form of intentional or unintentional discrimination

A

Intentional discrimination

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50
Q

Example of Discrimination because of association

A

An example would be the refusal of a firm to promote a highly qualified male into senior management on the basis of the assumption that his wife, who was recently diagnosed with multiple sclerosis, will require too much of his time and attention and that her needs may restrict his willingness to travel on company business.

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51
Q

Unintentional Discrimination is also known as

A

Constructive discrimination
or
Systematic discrimination

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52
Q

Unintentional discrimination

A

Discrimination that is embedded in policies and practices that appear neutral on the surface and are implemented impartially, but have an adverse impact on specific groups of people for reasons that are not job related or required for the safe and efficient operations of the business

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53
Q

_______ is the most difficult detect and combat

A

Unintentional Discrimination

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54
Q

Examples of systematic discrimination

A
  • Minimum height and weight requirements
  • Internal hiring policies or word-of-mouth hiring in workplaces that have embraced diversity
  • Limited accessibility to company premises (aka not wheel chair friendly)
  • Job evaluation systems that are not neutral
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55
Q

Bona fide occupational requirement (BFOR)

SUPER IMPORTANT

A

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

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56
Q

Examples of bona fide occupational requirement (BFOR)

AKA Bona fide occupational qualifications (BFOQ)

A

A person who is blind cannot be employed to drive a truck

When casting in the theatre, there may be specific roles that justify using age, sex, or national origin as a recruitment or selection criterion

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57
Q

The _______ case established three criteria that are now used to assess if the discrimination qualifies as a BFOR

A

Meiorin

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58
Q

Three criteria from the meiorin case

A

1) Question of rationale
2) Question of good faith
3) Question of reasonable necessity

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59
Q

1) Question of rationale

A

Was the policy or procedure that resulted in the discrimination based on a legitimate, work-related purpose?

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60
Q

2) Question of good faith

A

Did the decision makers or other agents of the organization honestly believe that the requirement was necessary to fulfill the requirements of the role?

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61
Q

3) Question of reasonable necessity

A

Was it impossible to accommodate those who have been discriminated against without imposing undue hardship on the employer?

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62
Q

Reasonable Accommodation

A

The adjustment of employment policies and practices 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 components of a job because of grounds prohibited in human rights legislation

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63
Q

An important feature of _______ is the requirement for reasonable accommodation

A

human rights legislation

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64
Q

Examples of accommodations (as in Reasonable accommodation)

A

Accommodation may involve scheduling adjustments to accommodate religious beliefs or workstation redesign to enable an individual with a physical disability to perform a particular task.

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65
Q

Undue hardship

A

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

In simple: meaning that the financial cost of the accommodation (even with outside sources of funding) or health and safety risks to the individual concerned or other employees would make accommodation impossible

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66
Q

Failure to make every reasonable effort to accommodate employees is a violation of human rights legislation in _________

A

all Canadian jurisdictions.

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67
Q

In claims of discrimination, it does not matter if the protected grounds were the primary or heaviest weighted factor in the decision being challenged, or if it was one of many considerations made in the decision. Explain why?

A

If there were 20 criteria used to make a decision, and even one of those criteria violated protection against discrimination as per the applicable human rights legislation, then the entire decision made by the employer can be deemed illegal

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68
Q

Claims of discrimination based on ______ make up almost half of all human rights claims.

A

disability

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69
Q

What is a disability, what are the kinds?

A

A disability may be present from birth, caused by an accident, or develop over time and may include (depending on the jurisdiction) physical, mental, and learning disabilities; mental disorders; hearing or vision disabilities; epilepsy; drug and alcohol dependencies; environmental sensitivities; as well as other conditions.

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70
Q

___________ are generally not considered to be disabilities under human rights legislation (unless related to a workplace safety claim)

A

Temporary illnesses

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71
Q

Are mental disorders part of the definition of a disability

A

Yes, even temporary ones

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72
Q

The Supreme Court of Canada has suggested three broad inquiries to determine if discrimination has taken place:

A

1) Differential treatment:
2) An enumerated ground (a condition or clause that is explicitly protected by legislation):
3) Discrimination in a substantive sense:

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73
Q

1) Differential treatment:

A

Was there substantively differential treatment due to a distinction, exclusion, or preference or because of a failure to take into account the complainant’s already disadvantaged position within Canadian society?

74
Q

2) An enumerated ground (a condition or clause that is explicitly protected by legislation):

A

Was the differential treatment based on an enumerated ground?

75
Q

Discrimination in a substantive sense:

A

Does the differential treatment discriminate by imposing a burden upon or withholding a benefit from a person? Does the differential treatment amount to discrimination because it makes distinctions that are offensive to human dignity?

76
Q

Duty to Accommodate

A

General principles for accommodating persons to eliminate discrimination on the basis of protected grounds

First, providing equal access to employment is largely based on removal of physical, attitudinal, and systemic barriers

Second, if discrimination does exist, the company must demonstrate individualized attempts to accommodate to the point of undue hardship.

Third, the duty to accommodate requires the most appropriate accommodation to be undertaken to the point of undue hardship.

77
Q

First, providing equal access to employment is largely based on removal of physical, attitudinal, and systemic barriers

A

These accommodations should be provided in a manner that most respects the dignity of the person, including an awareness of privacy, confidentiality, autonomy, individuality, and self-esteem

78
Q

social handicapping

A

societal attitudes and actions create noninclusive thinking against people who have no or few limitations

79
Q

Second, if discrimination does exist, the company must demonstrate individualized attempts to accommodate to the point of undue hardship.

A

The Meiorin test discussed earlier is used to establish if the company reached the point of undue hardship. Employers have the legal duty to accommodate persons, and the employees have a responsibility to seek accommodation, co-operate in the process, exchange relevant information, and explore accommodation solutions together

80
Q

Often, __________ can be made easily and at minimal cost, such as increased flexibility in work hours or break times; providing reading material in digitized, Braille, or large print formats; installing automatic doors and making washrooms accessible; or job restructuring, retraining, or assignment to an alternative position within the company

A

accommodations

81
Q

Third, the duty to accommodate requires the most appropriate accommodation to be undertaken to the point of undue hardship.

A

The principle underlying this condition is that accommodations are unique, numerous, part of a process, and a matter of degree

82
Q

An ___________ can be considered appropriate if it results in equal opportunity to attain the same level of performance, benefits, and privileges others experience, or if it is adopted for the purpose of achieving equal opportunity and meets the individual’s needs

A

accommodation

83
Q

The most historic battle for protection against ____________ was initiated in 1982, at a time when it was largely interpreted that sexual harassment was not a form of sex discrimination (therefore, not illegal) and it was perceived that employers were not responsible for the actions of their _________

A

harassment

employees

84
Q

Harrasment

A

Unwelcome behaviour that demeans, humiliates, or embarrasses a person and that a reasonable person should have known to be unwelcome

85
Q

Harassment includes (but is not limited to):

A

Physically or verbally attempts to humiliate or offend a person.

Attempts to threaten or intimidate a person.

Making what “ought to be known” as unwelcoming remarks or jokes about a persons demographics (e.g., race, religion, sex, age, disability, etc.).

Making unnecessary physical contact with a person (e.g., touching, patting, and pinching).

86
Q

One type of intentional harassment that is receiving increasing attention is ________

A

bullying,

87
Q

bullying

A

repeated and deliberate incidents of negative behaviour that cumulatively undermine a person’s self-image

88
Q

What form of harassment is much more prevalent and pervasive in workplaces than physical violence?

A

BULLYING

89
Q

__________ has made it clear that protecting employees from ________ is part of an employer’s responsibility to provide a safe and healthy working environment

A

The Supreme Court

harassment

90
Q

Sexual Harassment

A

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

91
Q

Sexual harassment can be divided into two categories:

A

1) sexual coercion

2) sexual annoyance

92
Q

1) sexual coercion

A

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

93
Q

Examples of sexual coercion

A

Typically, this involves a supervisor using control over employment, pay, performance appraisal results, or promotion to attempt to coerce an employee to grant sexual favours

94
Q

2) sexual annoyance “poisoned work environment”

A

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

poisoned work environment

95
Q

To _______, employers should establish sound harassment policies, communicate such policies to all employees, enforce the policies in a fair and consistent manner, and take an active role in maintaining a working environment that is free of harassment

A

reduce liability

96
Q

Effective harassment policies should include:

A

1) an antiharassment policy statement, stating the organization’s commitment to a safe and respectful work environment and specifying that harassment is against the law;
2) information for victims (for example, identifying and defining harassment);
3) employees’ rights and responsibilities (for example, respecting others, speaking up, reporting harassment);
4) employers’ and managers’ responsibilities (for example, putting a stop to harassment, being aware, listening to employees);
5) antiharassment policy procedures (what to do if you are being harassed, what to do if you are accused of harassment, what to do if you are a third-party employee, investigation guidelines, remedies for the victim and corrective action for harassers, guidelines for handling unsubstantiated complaints and complaints made in bad faith, confidentiality);
6) penalties for retaliation against a complainant;
7) guidelines for appeals;
8) other options such as union grievance procedures and human rights complaints; and
9) how the policy will be monitored and adjusted

97
Q

Discrimination on the basis of _________ is illegal in every Canadian jurisdiction

A

race and colour

98
Q

Discrimination on the basis of ______can take many forms in Canada’s multicultural society

A

religion

99
Q

Example of discrimination of religion

A

For example, it is a violation of human rights laws across Canada to deny time to pray or to prohibit clothing recognized as religiously required (for example, a hijab for Muslim women or a turban for Sikh men)

100
Q

Discrimination on the basis of sexual orientation is ______ in all jurisdictions in Canada

A

prohibited

101
Q

Enforcement of human rights acts is the responsibility of ___________ in each jurisdiction

A

the human rights commission

102
Q

Claims of human rights legislation violations are first heard by the _____________

A

human rights tribunal

103
Q

The tribunal’s primary role is

A

to provide a speedy and accessible process to help parties affected by discrimination claims resolve the conflict through mediation

104
Q

Process of filing a complaint with the human rights comission or tribunal

A

1) the organization is notified
2) The organization is given a short period of time (e.g 30 calendar days) to prepare its case
3) Regardless of whether a formal complaint or an informal accusation has been filed against a company, the employer has a duty to investigate claims of discrimination
4) Select an appropriate investigator to look into the case

105
Q

A Checklist for Employers when Selecting a Workplace Investigator (don’t waste too much time on there)

A
  1. Internal or external investigators
  2. One investigator or two
  3. Respecting the mandate
  4. Impartiality or neutrality
  5. Reliable, thorough, and professional
  6. Quality of the written report
  7. Respects confidentiality
106
Q
  1. Internal or external investigators
A

Many employers select trained internal HR experts to conduct workplace investigations, while others rely on external investigators.

  • dependent on time and money
  • complexities of the case
  • the expertise of in-house stagff
  • Severity of the case
107
Q
  1. One investigator or two
A

The nature of the case may warrant the need for more than one investigator (e.g., one male and one female in the case of a sexual harassment claim).

108
Q
  1. Respecting the mandate
A

Investigators should be able to maintain the role within the mandate of the task they have been assigned (e.g., fact finder or adviser) and not stray too far off track

109
Q
  1. Impartiality or neutrality
A

Investigators should have no conflict of interest vested in the conditions, persons, or context of the case they are handling.

110
Q
  1. Reliable, thorough, and professional
A

Although these qualities should go without saying, an investigator is expected to be a competent, effective, and professional communicator throughout the investigation, and must be capable of making credible assessments.

111
Q
  1. Quality of the written report
A

The details and word selection in the written report can become evidence in a case. Therefore, a high-quality report details “what happened” and assists counsel in their defence.

112
Q
  1. Respects confidentiality
A

The investigator should only discuss the investigation when required and respect the confidentiality of all parties affected by the investigation.

113
Q

If discrimination is found, ______ forms of remedies can be imposed

A

two

114
Q

Two forms of remedies if discrimination is found:

A

1) Systematic remedies

2) Restitutional remedies

115
Q

1) Systematic remedies

A

Forward-looking solutions to discrimination that require respondents to take positive steps to ensure compliance with legislation, both in respect to the current complaint and any future practices

116
Q

2) Restitutional remedies

A

Monetary compensation for the complaint to put him or her back to the position he or she would be in if the discrimination had not occurred (includes compensation for injury to dignity and self-respect), and may include an apology letter

117
Q

The most common reason for restitutional remedies is compensation for _________

A

lost wages

Others include compensation for general damages, complainant expenses, and pain and humiliation

118
Q

The total compensation received by the complainant is generally between _______ to _______, with a general range of ______ to ______ for cases where evidence confirmed discrimination occurred and a restitution was ordered.

A

$0 and $20 000

$10 000 to $20 000

119
Q

Investigation revealed that four identifiable groups—______, ________, __________, __________—had been subjected to pervasive patterns of differential treatment by employers, as evidenced by lower pay on average, occupational segregation, higher rates of unemployment, underemployment, and concentration in low-status jobs with little potential for career growth.

A

women,

Indigenous people,

persons with disabilities,

and visible minorities

120
Q

occupational segregation

A

The existence of certain occupations that have traditionally been male dominated and others that have been female dominated

121
Q

Examples of occupational segregation

A

Women working in a very small number of jobs such as nursing, teaching, sales , and secretarial/clerical work

122
Q

glass ceiling

A

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

123
Q

_____________ is intended to remove employment barriers and promote equality for the members of the four designated groups

A

Employment equity legislation

124
Q

In contrast, ____________________________________ are virtually non-existent in provincial and territorial jurisdictions

A

mandatory employment equity programs

125
Q

employment equity program

A

A detailed plan designed to identify and correct existing discrimination, redress past discrimination, and achieve a balanced representation of designated group members in the organization

126
Q

The employment equity process usually takes _______________

A

six months.

127
Q

Steps to take an The employment equity process

A

1) The first step is the demonstration of senior management commitment and support, which leads to data collection and analysis of the current workforce demographics.
2) Following that, there is an employment systems review, which leads to plan development and eventual plan implementation
3) The last steps are monitoring, evaluating, and revising the plan.

128
Q

In 2015, women accounted for ____ percent of the employed workforce

A

48%

129
Q

Equal pay for equal work

A

Specifies that an employer cannot pay male and female employees differently if they are performing the same or substantially similar job

130
Q

Equal pay for equal work is found where?

A

In most jurisdictions, this entitlement is found in the employment (labour) standards legislation

131
Q

There are more than _____ First Nations/Indian bands in Canada and Aboriginal people (also known as Indigenous people) account for 4.3 percent of Canada’s total population.

A

600

132
Q

The definition of ________ is well defined in Canadian legislation, and inclusive to both physical and mental disabilities (e.g., vision, hearing, mobility, psychological, mental disorders, etc.)

A

persons with disability

133
Q

According to the federal Employment Equity Act, a visible minority is defined as

A

“persons, other than Indigenous peoples, who are non-Caucasian in race or non-white in colour.”

134
Q

Often the terms “________” and “________” are used interchangeably, but these two terms are actually distinct

A

visible minority

immigrant

135
Q

An immigrant (definition)

A

represents a person who was not born in Canada, but resides in Canada for the purpose of settlement

136
Q

KSAs

A

Knowledge, Skills and Abilities

137
Q

underemployment

A

Being employed in a job that dies not fully utilize one’s knowledge, skills, and abilities (KSA)

138
Q

employment (labour) standards legislation

A

(labour) 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 week or day

139
Q

All employers and employees in Canada, including unionized employees, are covered by

A

employment (labour) standards legislation

140
Q

The intent of an employment or labour standards act (ESA/LSA) is to establish

A

minimum terms and conditions for workplaces pertaining to such issues as wages; paid holidays and vacations; maternity, parental, or adoption leave (or some mix thereof); bereavement leave; compassionate care leave; termination notice; and overtime pay

They also set the maximum number of hours of work permitted per day or week; overtime pay is required for any work in excess of the maximum.

141
Q

While employer and employee agreements or practices can exceed ________ established in an ESA/LSA, neither party can choose to opt out of or waive the rights established in the applicable ESA/LSA

A

minimums

142
Q

In contrast, the minimums established in an ESA/LSA can be _______ in employment contracts, through collective bargaining agreements (in unionized positions), or based on common law (precedent established by the judicial system).

A

exceeded

Example: Paying 5% vacation pay over the mandatory 4%

143
Q

While ESA/LSAs provide minimum terms and conditions of employment, they are not totally inclusive.

A

Often, students on work exchange programs, inmates on work projects, police officers, independent officers, and others are explicitly excluded from protection under an ESA/LSA

144
Q

Enforcement of ESA/LSAs

A

Governed by federal, provincial, or territorial employment standards acts (ESA/LSAs), enforcement is complaint based, and violators can be fined

145
Q

HR by the Numbers: Challenges with a Jurisdiction-Based Approach to Employment Law in Canada

A

2.5%
of business sector employers operated in more than one jurisdiction in Canada in 2011

40%
of business sector workers were employed in multijurisdictional enterprises in Canada in 2011

25%
of multi-jurisdictional enterprises were active in 6 or more jurisdictions

80%
of multi-jurisdictional enterprises had more than 500 employees

146
Q

Personal Information Protection and Electronic Documents Act (PIPEDA)

A

Legislation that governs the collection, use, and disclosure pf personal information across Canada, including employer’s collection and dissemination of personal information about employees

147
Q

Any information beyond ____________________________ is regarded as personal and private, including health-related information provided to insurers.

A

name, title, business address, and telephone number

148
Q

A company that is ready to launch its operations to other countries purposely passes over some employees for related management positions, feeling their ethnic background would hinder the development of relationships and sales. This is a direct violation of the

QUIZ QUESTION

A

human rights legislation of the applicable province or territory.

149
Q

The existence of certain occupations that have traditionally been performed by males and others that have been female dominated is known as

QUIZ QUESTION

A

occupational segregation.

150
Q

Which of the following statements about equal pay for equal work legislation is true?

QUIZ QUESTION

A

Every jurisdiction in Canada has legislation incorporating the principle of equal pay for equal work.

151
Q

An employment equity program is designed to

QUIZ QUESTION

A

achieve a balanced representation of designated group members.

152
Q

Establishing minimum employee entitlements is most closely associated with

QUIZ QUESTION

A

employment standards legislation.

153
Q

An employer requesting that an employment agency refer only male candidates for consideration as management trainees is an example of

QUIZ QUESTION

A

DO NOT CHOOSE UNINTENTIONAL DISCRIMATION

154
Q

Employment equity legislation aims to

QUIZ QUESTION

A

remove employment barriers and promote equality for women, visible minorities, aboriginal people, and persons with disabilities.

155
Q

A supervisor informing an employee that refusal to grant sexual favours will result in a poor performance rating is an example of

QUIZ QUESTION

A

sexual coercion.

156
Q

A company with employees in different provinces/territories must monitor the legislation in each of those jurisdictions because

QUIZ QUESTION

A

legislation changes and it may vary from one jurisdiction to another.

157
Q

According to the textbook, evidence of pervasive patterns of differential treatment against the designated groups specifically includes

QUIZ QUESTION

A

underemployment.

158
Q

According to the textbook, the first step in the employment equity process is

QUIZ QUESTION

A

the demonstration of senior management commitment and support.

159
Q

Minimum height and weight requirements that screen out disproportionate numbers of women and people from Asia are an example of which of the following
concepts?

QUIZ QUESTION

A

Unintentional or systemic discrimination

160
Q

Courts have generally decided that video surveillance is not reasonable and that other means could be used.

QUIZ QUESTION

A

True

161
Q

In general, courts in Canada have permitted electronic monitoring (e.g., tracking the websites that employees are visiting) as long as there is proper balancing of opposing interests.

QUIZ QUESTION

A

True

162
Q

If a company classifies male employees as Administrators and female employees doing the same work as Clerks and provides higher wage rates for Administrators, then the company is violating the

QUIZ QUESTION

A

principle of equal pay for equal work.

163
Q

Which of the following is true regarding the concept of undue hardship?

QUIZ QUESTION

A

Failure to make every reasonable effort to accommodate employees is a violation of human rights legislation in all Canadian jurisdictions.

164
Q

Under equal pay for equal work legislation, pay differences based on a valid merit or seniority system or employee productivity are permitted.

QUIZ QUESTION

A

True

165
Q

Saleem is a new immigrant to Canada with a master’s degree in management. Despite his qualifications, Saleem has worked as a Clerk in the shipping department of a company for the last year. This is most likely an example of

QUIZ QUESTION

A

Underemployment

166
Q

Which of the following statements about equal pay for equal work legislation is true?

QUIZ QUESTION

A

Every jurisdiction in Canada has legislation incorporating the principle of equal pay for equal work.

167
Q

The groups identified as having been subjected to pervasive patterns of differential treatment by Canadian employers, referred to in employment equity legislation as designated groups, include

QUIZ QUESTION

A

visible minorities.

168
Q

A supervisor informing an employee that refusal to grant sexual favours will result in a poor performance rating is an example of

QUIZ QUESTION

A

sexual coercion.

169
Q

In general, courts in Canada have permitted electronic monitoring (e.g., tracking the websites that employees are visiting) as long as there is proper balancing of opposing interests.

QUIZ QUESTION

A

True

170
Q

Men are under-represented in engineering, natural sciences, and mathematics.

QUIZ QUESTION

A

False

171
Q

Human rights legislation

QUIZ QUESTION

A

protects every person residing in Canada.

172
Q

An employment equity program is designed to

QUIZ QUESTION

A

achieve a balanced representation of designated group members.

173
Q

Guidelines for implementing a harassment policy should include

QUIZ QUESTION

A

information for victims (for example, identifying and defining harassment).

174
Q

The Federal Contractors Program requires firms bidding on federal contracts of $100 000 or more to implement an employment equity plan.

QUIZ QUESTION

A

False

175
Q

Which of the following statements is accurate about reasonable accommodation?

QUIZ QUESTION

A

Employers are expected to redesign a workstation to enable an individual with a physical disability to do a job.

176
Q

A company that is ready to launch its operations to other countries purposely passes over some employees for related management positions, feeling their ethnic background would hinder the development of relationships and sales. This is a direct violation of the

QUIZ QUESTION

A

Human rights legislation of the applicable province or territory.

177
Q

ABC company has installed video surveillance equipment throughout its premises, including in the employee washrooms, in order to prevent theft of company equipment and supplies. What would the likely result be if employees object?

QUIZ QUESTION

A

Courts would ask if there is a less invasive way to monitor employees and request other means to be used.

178
Q

progressive dicipline

A

3 strikes you are out - aka fired

You are progressing down the wrong path

Could be a 3 letter process

1) We want to help you, you are under performing
2) We need to see improvements, you may be terminated for cause
3) Behaviors do not change, we will terminate you with cause

179
Q

Ordinary laws

A

Protection under context or content specific laws affecting workplaces (like Occupational Health and Safety)

180
Q

Collective bargaining agreement

A

A legally binding agreement establishing minimum terms and conditions of employment affecting unionized positions

181
Q

Employment Contract

A

A contract between an individual employee and their employer regarding specified employment conditions in specific roles

182
Q

Types of Complaints Received by the Canadian Human Rights Commission in 2016

A

Disability = 60% of cases

MGMT 411: Human Resource Management (17 decks)

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