Chapter 2 - Legal Issues Flashcards
What is the legal framework that governs employment in Canada
They are governed by a Legal Framework consisting of the:
Employer: Right to modify employee work terms for legitimate business needs
Employee: Right to be protected from harmful business practices
Government: Balance needs of employer and employee
DISCUSS at least five prohibited grounds for discrimination under human rights legislation
RACE. GENDER, DISABILITY, FAMILY STATUS, RELIGION, NATIONAL ORIGIN, AGE
Race or Ethnic/National Origin: An example is height and weight requirements which could screen out persons from Asia whom typically have smaller stature
Marital/Family Status: An example could be asking directly about family or spousal employment
Religion: reasonable accommodation must be made if, for example, and employee could not work on Saturdays
Handicap: Not adapting your workplace to accommodate disabled persons if not reasonable.
Gender: Not acceptable. simply asking for a past wage history could forebear this type of discrimination
DESCRIBE the requirements for reasonable accommodation. What is undue hardship?
Reasonable Accommodation adjustment of employment policies/practices so that no individual is denied benefits or is disadvantaged e.g. work station redesign for wheelchair
Undue Hardship financial costs make accommodation impossible
What is equal pay for equal work?
Specifies that an employer cannot pay male and female employees differently if they are performing the same or substantially similar work.
What is Personal Information Protection and Electronic Documents Act (PIPEDA)?
Legislation that governs the collection, use, and disclosure of personal information across Canada, including employers’ collection and dissemination of personal information about employees
What is differential or unequal treatment?
Treating an individual differently in any aspect of terms and conditions of employment based on any of the prohibited grounds.
What laws are applicable to employment in Canada?What is the hierarchy?
CHEOC
- Canadian Charter of rights and freedom
- Human rights legislation (provincial or federal)
- Employment standards legislation (provincial or federal)
- Ordinary laws
- Collective bargaining Agreement
- Employment Contract
Describe behavior that could constitute harassment, and explain the employers’ responsibilities regarding harassment.
Harassment is; “Unwelcome behavior that demeans, humiliates or embarrasses a person and that a reasonable person should have known would be unwelcome.”
It is the Employer Responsibility to protect employees from harassment. This includes harassment by clients or customers
Differentiate intentional Harassment vs. unintentional harassment.
Intentional Discrimination is direct differential or unequal treatment
Unintentional Discrimination is c_onstructive or systemic discrimination_. Typically embedded in policies with adverse impact on specific groups.
examples of unintentional discrimination maximum height/weight requirements Limited accessibility to company premises Job evaluation systems that are not gender-neutral Lack of a harassment policy or guidelines
What is a Bona Fide Occupational Requirement (BFOR)?
> justifiable reason for discrimination > based on business necessity for safe and efficient operations e.g. must see to drive a bus
DESCRIBE difference between sexual coercion vs. sexual annoyance
Sexual Coercion (quid pro quo) “Harassment of a sexual nature that results in some direct consequence to the worker’s employment status or some gain in or loss of tangible job benefits.”
Sexual Annoyance (hostile work environment) “Sexually related conduct that is hostile, intimidating, or offensive to the employee but has no direct link to tangible job benefits or loss thereof.”
What is Psychological Harassment?
> attributed to “workplace bullying” > based on grounds other than race, religion, and gender includes: > physical or verbal intimidation, > unfounded yelling, > insults, spiteful comments, > attempts to defame an individual, > workplace isolation, > demeaning work that makes minimal use of an employee’s competencies
EXPLAIN how to reduce liability as an employer
To reduce liability, employers should:
> Have clear workplace harassment policies
> Communicate policies to all employees
> Enforce policies in a fair and consistent manner
> Take an active role in maintaining a working environment that is free of harassment
Describe the purpose of employment equity programs.
Employment equity programs attempt to provide fair and equal employment opportunities to members of four designated groups specifically; women, Indigenous people, persons with disability and visible minorities.
The employment equity process is a deliberate process to support diversity and eliminate unintentional or systemic discrimination in the workplace. It usually takes six months to set up and requires management and leadership championing to succeed. > applies to federally regulated employers only
Explain the role of minimums established in employment standards legislation and the enforcement process.
Employment Standards Legislation: 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 day a week establish minimum terms for: > wages, overtime pay > paid holidays and vacations > maternity/paternity leave > bereavement/compassionate care leave > termination notice
Note: employment contracts may exceed minimums The appropriate ministry (e.g., Ministry of Labour in Ontario) will investigate violations once an employee files a complaint.
