Chapter 3

Question 1

What is the constitution act?

Answer 1

• delineates constitutional rights

- divides law making power and functions between federal and provincial governments

Question 2

What are the 2 distinct legal systems?

Answer 2

1. civil code in Quebec

2. common law in the remainder of the country

Question 3

What are the 3 types of laws that affect HRM and how?

Answer 3

Federal - employment laws in public sector and certain industries
Provincial - employment laws cover 90% of Canadian workers
municipal - indirect effects on business (hours, bylaws etc)

Question 4

What are the 3 main government bodies?

Answer 4

legislative, executive, judicial

Question 5

What is the legislative branch responsible for?

Answer 5

• making laws
• legislation overrides common law
• all employment laws must conform to constitution

Question 6

What is the executive branch responsible for?

Answer 6

• administering and enforcing laws and policies
• determining regulations under legislation (additions, exclusions, extensions)
• making appointments to admin agencies and tribunals that enforce legislations

Question 7

What is the judicial branch responsible for?

Answer 7

• consists of the court system with 4 levels
  1. civil and criminal courts
  2. courts of first instance
  3. appellate courts
  4. supreme court of Canada

Question 8

What is the Canadian charter of rights and freedoms?

Answer 8

constitutional entrenchment of fundamental rights and freedoms of all Canadians, takes precedence over other laws and applies only to government actions and actors

Question 9

What is the human rights legislation?

Answer 9

rights protected by government to ensure everyone’s treated equally, free from discrimination and harassment based on prescribed grounds
-handled by tribunals

Question 10

What is the reprisal for participation and opposition?

Answer 10

employers cannot retaliate against employees for excersizing laws or their lawful right under HR legislation

Question 11

What is discrimination?

Answer 11

restriction, preference, or distinction based on prohibits grounds that result in unequal treatment and denied rights and freedoms

Question 12

What are the 3 types of discrimination?

Answer 12

1. direct: on its face treats person differently deliberately
2. adverse effect: neutral on face but indirectly operates based on prohibited grounds
3. systematic: unintentional, arises from pattern rooted in established stereotypes, value systems that perpetrate relative disadvantage of protected group

Question 13

What is reasonable accommodation?

Answer 13

adjustments employees make is not subject to discrimination treatment, “duty to accommodate”

Question 14

What is undue hardship?

Answer 14

limit upon employers duty to accomidate under HR legislation

Question 15

What is the Bona Fide Occupational Requirements Qualification (BFOQ)?

Answer 15

qualification necessary for performance of a particular job

Question 16

What is the 3 part test for BFOQ?

Answer 16

PFA

1. standard was adopted for purpose connected to job performance
2. standard was adopted in belief that it is necessary for fulfillment or purpose
3. standard is necessary to accomplish purpose

Question 17

What is the sequence of case for BFOQ?

Answer 17

1. Complainant’s burden - prove illegal act
2. Respondent’s defence - prove discriminatory response was based on 3 part test
3. Complainant’s reply - if defence is proved, burden shifts back to prove reason is not genuine but pretext

Question 18

What is harassment?

Answer 18

discrimination that involves verbal or physical conduct

• it is known unwelcome to a reasonable person
• does not include mgmt of employees carried out in good faith

Question 19

What is sexual coercion?

Answer 19

benefit made contingent on employee’s submitting to sexual advances

Question 20

What is the burden of proof on the complainant to prove?

Answer 20

1. course of vexatious conduct or comment
2. by employer or employee
3. unwelcome or known as unwelcome
4. related to sex or gender

Question 21

How do you ensure workplace is free of sexual harassment?

Answer 21

1. communicate policy
2. train employees to identify inappropriate behaviours
3. develop reporting mechanisms for people to speak out
4. take prompt action and protect targets

Question 22

What is psychological harassment?

Answer 22

vexatious behaviour that affect employees dignity, integrity, and adversely affects work environemnt

Question 23

What is incivility?

Answer 23

ruse or unsociable speech or behaviour

Question 24

What is the CREW program?

Answer 24

civility, respect, engagement at work

• structured around being aware and modifying behaviours that are within control of the group

Question 25

What is employment equity?

Answer 25

initiatives that target women, aboriginals, disabled visible minorities to require and encourage preferential treatment in employment practises to achieve equality

Question 26

What are the 7 steps to employment equity?

Answer 26

OECUCDM

1. obtain commitment of senior manager
2. establish mechanism for consultation and collaboration
3. conduct a workforce survey
4. undertake a workforce analysis
5. compete an employment systems review
6. develop and implement and employment equity plan
7. monitor, review, and revise plan

Question 27

What is pay equity?

Answer 27

equal pay for work of equal value

• reduces wage gap
• enforces on complaint based system (gender neutral)
• criteria based on skills, efforts, responsibility

Question 28

What is diversity management?

Answer 28

strategic initiatives designed to capitalize on org’s diverse talent pool

Question 29

What are the 6 steps of managing diversity?

Answer 29

CCDEED

1. commitment from top
2. communication
3. develop and implement diversity initiatives
4. ensure a system of support
5. evaluate and revise objectives
6. diversity training and education

Question 30

What are the 3 issues regarding diversity?

Answer 30

ageing population, increasing number of visible minorities, increasing focus on mental health issues