Chapter 2: Operating within the Legal Framework Flashcards
What are the two sets of legislation in Canada?
- Federal
* Provincial and territorial
What are the federal employment laws?
- Canada Labour Code
- Canadian Human Rights Act
- Personal Information Protection and Electronics Documents Act (PIPEDA)
What are the provincial employment legislation?
- Similar to federal legislation
- Provides certain rights and guarantees
- Covers health and safety, human rights, and unionized workplaces
What are the human right legislation?
- Discrimination (intentional or unintentional)
- Bona fide occupational requirement (BFOR)
- Reasonable accommodation
- Harassment
What is discrimination?
• Essence of human rights legislation prohibits discrimination based on a number of factors such as: – Race – Religion – Gender – Age – Ethnic origin – Disability
What is Bona Fide Occupational Qualification (BFOQ)?
- Justifiable discrimination
* Able to set certain qualifications based on job requirements that can discriminate
What is reasonable accommodation?
- Making adjustments to any aspect of working conditions to prevent discrimination
- Employers expected to accommodate to the point of “undue hardship”
- Differences in undue hardship for small and large organizations
What is harassment?
It is any improper conduct by an individual, that is directed at and offensive to another person or persons in the workplace, and that the individual knew or ought reasonably to have known would cause offence or harm.
What is the concept in workplaces in terms of harassment?
Concept of “reasonable person”
What does harassment comprise of?
It comprises any objectionable act, comment or display that
• demeans, belittles, or causes personal humiliation or embarrassment
• any act of intimidation or threat.
• “unwelcome” or “offensive”
What are the steps in enforcement of human rights legislation?
- Complaint-driven
- Investigation
- Determination of reasonable cause or not
- Resolution/reconciliation
- Decision
- Acceptance or appeal
inquiry and screening –> early resolution and mediation –> formal complaint –> notification –> mediation –> investigation –> conciliation –> tribunal
What are employee standards?
- Minimum obligations of employers
* Typically reflects views of government in relation to social policy
Employee standards covers the rights such as:
– Hours of work
– Overtime pay
– Vacation pay
Employee standards are administered by:
Administered by agency or commission that both interprets and enforces legislation
What are labor relations legislation?
- Unionized
- Governs processes and procedures between trade unions and employers
- Administered through a labour relations board
- Experts in negotiating, their workplace is always negotiated.
- Works well in Europe, no so as much in North America but it is getting better
What is health and safety legislation and workers compensation?
- Governs employer responsibility for healthy and safe workplace
- Administered through government agency
- Provides monetary payment to employees if injured on the job
Health and safety legislation and workers compensation is administered by
government agency
What is employment equity?
• Employment of individuals in a fair and unbiased manner
What does employment equity focus on?
• Legislation that focuses on certain groups that have been historically disadvantaged— excludes certain groups – Women – Visible minorities – Aboriginal people – People with disabilities
What is systemic discrimination?
Systemic discrimination refers to patterns of behavior, policies or practices that are part of the structures of an organization, and which create or perpetuate disadvantage for racialized persons. It has a broad impact on an industry, profession, company, or geographic area.
- Hidden employment barriers
- Can result in inequities if individuals discouraged based on their membership in certain groups
Give an example to systemic discrimination
Examples include inflated job requirements or recruiting only close friends
What is pay equity?
• Federal legislation that applies to federally regulated companies
• “Pay for work of equal value”
• Difficulty in determining “equal value”
for dissimilar jobs
What is diversity management? What are the conditions?
• Optimizing everyone’s background for business success
• Voluntary
• Inclusive—not the same as employment equity
• Need to create environment for success
– Treat people as individuals
– Link directly to business objectives
What is organizational ethics?
Set of standards of conduct and moral judgments that help to determine right and wrong behaviour in a work environment
