Chapter 4 Flashcards
What are the three types of pillar legislation? What acts as the ceiling legislation?
Three pillars:
1) Employment and Labour Standards
2) Human Rights
3) Privacy Legislation
Ceiling:
1) Policies
2) Substance abuse testing
3) Workplace violance
What are the three questions organizations should ask themselves to ensure they are in compliance with employment legislation?
c1) Is the person an employee or independent contarctor? (employee benefits vs contract)
2) Is the organization provincially or federally regulated?
3) Is the employee unionized?
What are some differences between a employee and a independant contractor?
Employee:
- Governed by employment standards
- Right to vacation, holidays and benefits
- Organization has full control
Contractor:
- Governed by contract
- Owns equipment
- Opportunity for profit and risk of loss
- Contractor/contract has control (sets own hours, assigning work)
What is the difference between employment in a federally regulated and provincially regualted organization?
Federal
- Employment Standards are under Canada Labour Code.
- 10% of employees in Canada
- Banks, postal service, international transportation, government services etc.
Provincal:
- Employment Standards reuglations are based on province.
- There is legislation for unionized and non-unionized employees.
- 90% of employees in Canada
What are some examples of people who are exempt from many employment laws?
- Farmers
- Municipal Police, First responders
- Politicians
- Inmates
- Working in a family business
True or false: Employment related laws and regulations are limited in scope?
True
What is Human rights legislation? and what is Canada’s Federal legislation?
The legislation seeks to provide equal employment oppertunities and prohibits discrimination on all prohibited grounds.
Federal: Canadian Human Rights Act
Provincial: All have their own human rights laws.
Where can you find the Charter of Rights and Freedoms and what are the freedoms?
In the Constitution Act of 1982
- Freedom of conscience and religion
- Freedom of belief/expression
- Freedom of peaceful assembly
- Freedom of association
Define discrimination and on what grounds does it happen most frequently?
Treating one person or group of people less fairly or less well than other people or groups
Or
A showing of partiality or prejudice in treatment specific action or policies directed aginst the wellfare of minority groups
Disabled people face 52% of human rights claims followed by 27% sex and 26% race.
List groups that are protected by human rights acts on grounds of discrimination
- Race/ colour
- Ethnic Origin
- Religion
- Gender Identity
- Sex
- Age
- Marital status (ex: same sex couples, familly as employees)
- Disability
- Pardoned convicts
What is direct and indirect discrimination?
Direct: A justified business reason for discriminating against a member of a protected class (bona fide occupational requirement (BFOR) such as womans clothes being marketed to woman or religious schools hiring religious teachers)
Indirect : Company policy, practice, or action that is not openly or intentionally discriminatory, but has a discriminatory impact or effect also called systemic discrimination. (Hight requirement making less likely for woman to be hired)
What is reasonable accommodation and undue hardship? and why is it important?
Reasonable Accommodation: Voluntary adjustments to work or workplace that allow employees wiith special needs to preform their jobs effectively.
Undue Hardship: When accommodation is not possible because it would cost too much or create health or safety risks.
To prevent discrimination employers must provide reasonable accommodation up to the point undue hardship
What are some remedies the CHRC may use for human rights violations?
Violator can be ordered to:
- Stop discriminatory actions
- Restore rights denied to victims
- Victim compensation for wages lost and expenses incurred
- Compensate for pain and suffreing
- Develop and implement employment equity programs.
There are also fines for not complying with orders.
What is Employment Equity Act?
Federal law to remove employment barriers and to promote equality for women, people with disabilities, minority groups and indigenous people.
Also requires organizations with more than 100 people to develop annual employment equity plans.
What are employment equity programs
Developed by employers to undo past employment discrimination or to ensure equal employment opportunity in the future by reducing and eliminating discrimination.
