Chapter 2: Operating within the Legal Framework

Question 1

What are the two sets of legislation in Canada?

Answer 1

• Federal

* Provincial and territorial

Question 2

What are the federal employment laws?

Answer 2

• Canada Labour Code
• Canadian Human Rights Act
• Personal Information Protection and Electronics Documents Act (PIPEDA)

Question 3

What are the provincial employment legislation?

Answer 3

• Similar to federal legislation
• Provides certain rights and guarantees
• Covers health and safety, human rights, and unionized workplaces

Question 4

What are the human right legislation?

Answer 4

• Discrimination (intentional or unintentional)
• Bona fide occupational requirement (BFOR)
• Reasonable accommodation
• Harassment

Question 5

What is discrimination?

Answer 5

• Essence of human rights legislation prohibits discrimination based on a number of factors such as:
– Race
– Religion
– Gender
– Age
– Ethnic origin 
– Disability

Question 6

What is Bona Fide Occupational Qualification (BFOQ)?

Answer 6

• Justifiable discrimination

* Able to set certain qualifications based on job requirements that can discriminate

Question 7

What is reasonable accommodation?

Answer 7

• 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

Question 8

What is harassment?

Answer 8

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.

Question 9

What is the concept in workplaces in terms of harassment?

Answer 9

Concept of “reasonable person”

Question 10

What does harassment comprise of?

Answer 10

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”

Question 11

What are the steps in enforcement of human rights legislation?

Answer 11

• 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

Question 12

What are employee standards?

Answer 12

• Minimum obligations of employers

* Typically reflects views of government in relation to social policy

Question 13

Employee standards covers the rights such as:

Answer 13

– Hours of work
– Overtime pay
– Vacation pay

Question 14

Employee standards are administered by:

Answer 14

Administered by agency or commission that both interprets and enforces legislation

Question 15

What are labor relations legislation?

Answer 15

• 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

Question 16

What is health and safety legislation and workers compensation?

Answer 16

• Governs employer responsibility for healthy and safe workplace
• Administered through government agency
• Provides monetary payment to employees if injured on the job

Question 17

Health and safety legislation and workers compensation is administered by

Answer 17

government agency

Question 18

What is employment equity?

Answer 18

• Employment of individuals in a fair and unbiased manner

Question 19

What does employment equity focus on?

Answer 19

• Legislation that focuses on certain groups that have been historically disadvantaged— excludes certain groups
– Women
– Visible minorities
– Aboriginal people
– People with disabilities

Question 20

What is systemic discrimination?

Answer 20

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

Question 21

Give an example to systemic discrimination

Answer 21

Examples include inflated job requirements or recruiting only close friends

Question 22

What is pay equity?

Answer 22

• Federal legislation that applies to federally regulated companies
• “Pay for work of equal value”
• Difficulty in determining “equal value”
for dissimilar jobs

Question 23

What is diversity management? What are the conditions?

Answer 23

• 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

Question 24

What is organizational ethics?

Answer 24

Set of standards of conduct and moral judgments that help to determine right and wrong behaviour in a work environment