Chapter 2: Legal Context

Question 1

Explain how employment-related issues are governed in Canada

Answer 1

The legal framework in Canada attempts to balance employee and employer rights using multiple overlapping legislative pieces.

“The Charter of right and Freedoms, Human Rights Legislation” and “Employment Equity Legislation, Employment Standards Acts, and Collective Bargaining Agreements”

Question 2

Discuss at least five prohibited grounds for discrimination under human rights legislation, and Describe the requirements for reasonable accommodation.

Answer 2

• Race
• Colour
• Sexual Orientation
• Religion or creed
• Physical and mental disability
• Sex
• Age and
• Martial status

Question 3

Describe behaviour that could constitute harassment

Answer 3

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

Question 4

Explain the employer’s responsibilities regarding harassment

Answer 4

• Establish sound harassment policies
• Communicate policies to all employees (all must know)
• Enforce policies in a fair and consistent manner
• Take an active role in maintaining a working environment that is free of harassment

Question 5

Describe the roles of minimums established in employment standards legislation and the enforcement process

Answer 5

Employment standards legislation (ESA/LSA) establishes minimum workplace terms and conditions in each jurisdiction. Violations of these terms are identified in a complaint-based process, whereby the appropriate ministry (e.g., Ministry of Labor in Ontario) will investigate violations once an employee files for complaint.