Chapter 2 - Operating Within A Legal Framework

Question 1

What are the 2 sets of legislation in Canada?

Answer 1

Federal &Provincial

Question 2

What is managed by the Federal jurisdiction?

Answer 2

Matters on National interests.

• Bank and money
• Defence
• Criminal Law
• Mail/Postal service
• Transportation

(Anything going out of province, money, defense)

Question 3

What is managed by the Provincial jurisdiction?

Answer 3

Matters of regional interests

• Health
• Education
• Municipal institutions
• Civil law
• Private or local matters

(Everything closer to home)

Question 4

What are the matters shared by Provincial and Federal jurisdictions? (2)

Answer 4

• Agriculture

- Immigration

Question 5

Which workers does Federal legislation apply to? (2)

Answer 5

To workers in:

• the Federal government
• organizations under federal jurisdiction (banks, ships, air, rail, transportation)

Question 6

How many workers (%) are under the Federal legislation?

Answer 6

10%

Question 7

Which workers does Provincial legislation apply to?

Answer 7

To workers in organizations under provincial jurisdiction

ex: Depanneur, wallmart, tim hortons…

Question 8

what are the key Federal Employment Laws? (4)

Answer 8

1. Canada Labour Code
2. Canadian Human Rights Act
3. PIPEDA - Personal Information Protection and Electronics Document Act
4. Employment Equity Act

Question 9

What does the Canadian Charter of Rights and Freedoms cover?

Answer 9

human rights

Question 10

What does the Canadian Human Rights Act covers?

Answer 10

Covers Human rights and pay equity

Question 11

What does the Canada Labour Code Covers?

Answer 11

• Labour relations
• Health and Safety
• Employment Standards

Question 12

What does PIPEDA cover?

Answer 12

handling of personal information

Question 13

What does the Employment Equity Act cover?

Answer 13

Covers employment equity, justice for all

Question 14

What covers Human rights on the Federal level?

Answer 14

• Canadian Charter of Rights and Freedoms

- Canadian Human Rights Act

Question 15

What covers Human rights on the Provincial level?

Answer 15

Quebec Charter of Rights and Freedoms

Question 16

What subjects are treated by Human rights legislation?

Answer 16

• Discrimination
• Bona fide occupational requirement (BFOR)
• Reasonable accomodation
• Harassment

Question 17

Legislations prohibit discrimination based on which factors?

Answer 17

Race
Religion
Gender
Age
Ethnic origin
Disability

Question 18

What does BFOQ stand for?

Answer 18

Bona Fide Occupational Qualification

Question 19

What does BFOR stand for?

Answer 19

Bona Fide Occupational Requirement

Question 20

What is a BFOQ/BFOR?

Answer 20

It is a justifiable discrimination

characteristic required for a job that could be considered discrimination if it were not necessary to perform the job in question, or if the job were unsafe for one category of people but not another
Ex: taxi driver can’t be blind

Question 21

What is a Reasonable Accommodation?

Answer 21

It’s making adjustments to any aspect of working conditions to prevent discrimination

Question 22

In what case is a discrimination a BFOQ?

Answer 22

When the employer can establish its necessity for business operations

Question 23

Up to which point is the employer expected to accomodate (reasonable accommodation)?

Answer 23

Up to the point of undue hardship

Question 24

What is harassment?

Answer 24

Any improper conduct by an individual that is directed at another person at work with knowledge that it would cause harm/offense

Question 25

How is harassment dealt with regarding human rights legislation?

Answer 25

1. complaint-driven
2. investigation
3. determination of reasonable cause or not
4. resolution

Question 26

What is the objective of employment standards?

Answer 26

To specify the minimum obligations of employers towards employees

Question 27

What is decided by Employment Standards?

Answer 27

Hours of work
Minimum wage
Overtime pay
Vacation pay
Holidays

Question 28

On what level are employment standards decided?

Answer 28

Both Federal (Canada Labour Code) and Provincial (Act respecting Labour Standards in Quebec)

Question 29

How are employment standards enforced?

Answer 29

Complaint-driven

Commission or Agency responsible to interpret complaint and investigate

Question 30

What is the goal of Employment Equity Legislation?

Answer 30

Justice for all

Question 31

What legislation is in charge of employment equity?

Answer 31

Both, Federal (Employment Equity Act) and Provincial (Act respecting Equal Access to Employment in Public Bodies)

Question 32

What is Systemic Discrimination?

Answer 32

The exclusion of members of certain groups through the application of employment policies or practices based on criteria that are not job related

Question 33

Give some criteria to identify systemic barriers:

Answer 33

Is it valid/job-related? Consistently applied? Does it have adverse impact on certain groups?

Question 34

What is the goal of pay equity?

Answer 34

To narrow the wage gap between men and women

Question 35

On which level is Pay Equity decided?

Answer 35

Both Federal (Canadian Human Rights Act) and Provincial (Pay Equity Act)

Question 36

Pay Equity is based on equal pay for equal____ and equal pay for equal ____

Answer 36

• Equal pay for equal work

- Equal pay for equal value

Question 37

What is the goal of Diversity Management?

Answer 37

To optimize everyone’s background for business success

Question 38

What is the difference between Diversity Management and Employment equity?

Answer 38

Diversity Management is broader and more inclusive, it is more optmistic
Includes religions, personality, lifestyle etc

Question 39

What does diversity in the workplace refer to?

Answer 39

To differences among employees

Question 40

Employment equity is ____, Diversity Management is _____

Answer 40

Mandatory, voluntary

Question 41

What is the similarity-attraction phenomenon?

Answer 41

Tendency to be more attracted to individuals who are similar to us

Question 42

What is Ethnocentrism?

Answer 42

The belief that one’s culture is superior to other cultures