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BU 354 > Chp 4: Legal Requirements & Managing Diversity > Flashcards

Chp 4: Legal Requirements & Managing Diversity Flashcards

1
Q

LO1: what do laws regulate

A

employee-employer relationship

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2
Q

LO1: 3 responsibilities of HR specialists

A

Stay abreast of the laws and interpretation of the laws by regulatory bodies and court rulings
Develop programs to ensure company compliance
Pursue their traditional roles of obtaining, maintaining, and retaining an optimal workforce

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3
Q

LO1: to avoid flooding courts, what happens

A

To avoid flooding courts with complaints and prosecution of minor infractions, there are special regulatory bodies like commissions, tribunals and boards to enforce compliance like human rights commissions, labour relations board and aid in interpretation. They create regulations.

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4
Q

LO1: define regulations

A

legally enforceable rules developed by governmental agencies to ensure compliance with laws that the agency administers

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5
Q

LO1: define canadian charter of rights and freedoms

A

federal law enacted in 1982, guaranteeing individuals equal rights before the law

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6
Q

LO1: where is charter contained

A

Contained in the constitution act of 1982

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7
Q

LO1: what is most far reaching legal challenge forHr

A

charter

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8
Q

LO1: ultimate interpreter of charter

A

Supreme court is ultimate interpreter of charter but takes time to get case there

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9
Q

LO1: section 1 of charter

A

guarantees rights and freedoms to reasonable limits prescribed by law in free and democratic society

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10
Q

LO1: section 2 of charter

A

guarantees freedom of association (right to bargain collectively and right to strike cannot be taken for granted)

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11
Q

LO1: section 15 of charter

A

the equality rights act, came into effect in Apr 17, 1985

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12
Q

LO1: what does charter apply to

A

applies only to individuals dealing with federal and provincial gov and agencies

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13
Q

LO1: 4 guarantees of charter

A

Freedom of conscious + religion
Freedom of thought, belief, expression, freedom of press
Freedom of peaceful assembly
Freedom of association

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14
Q

LO1: 9 protections in charter

A

Fundamental freedoms
Democratic rights
Right to live and seek employment anywhere in canada
Legal rights: risk to life, liberty, personal security
Equality rights for all
Officially recognized languages of canada
Minority language education rights
Canada’s multicultural heritage
Aboriginal rights

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15
Q

LO1: what does human rights legislation seek to do

A

Seeks to provide equal employment opportunities and prohibits discrimination on prohibited grounds

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16
Q

LO1: 2 types of human rights legislation

A

1) federal law

2) provincial law

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17
Q

LO1: explain federal law human rights legislation

A

Passed by parliament and enforced by federal human rights commission/tribunal
To ensure equal employment opportunities with employers under federal jurisdiction

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18
Q

LO1: explain provincial law human rights legislation

A

Enacted by provincial governments and enforced by provincial human rights commissions/tribunals
To ensure equal employment opportunities with employers under provincial jurisdiction
Provincial human rights laws tend to differ only slightly mainly in terminology

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19
Q

LO1: how limited are human rights legislation and compare to something else

A

Employment related laws are limited in scope - usually confined only to single HR activity. Human rights legislation is not limited and affects nearly every HR function

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20
Q

LO2: when did CHRA pass

A

Passed in 1977 and took effect in 1978

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21
Q

LO2: what is CHRA

A

canadian human rights act

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22
Q

LO2: define CHRA

A

Federal law prohibiting discrimination

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23
Q

LO2: what does CHRA apply to

A

Act applies to all federal gov departments and agencies, crown corporations, and business and industry falling under federal jurisdiction (banks, airlines, railways, interprovincial communication) in dealings with public and employment policies

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24
Q

LO2: what does each province have

A

Each province has its own antidiscrimination law, except nunavut which is under federal jurisdiction

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25
Q

LO2: define discrimination

A

The practice of treating one person or group of people less fairly or less well than other people or groups

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26
Q

LO2: most frequent discrimination

A

disability

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27
Q

LO2: discrimination defined in laws

A

Not defined in the charter nor in any federal or provincial human rights legislation, except Quebec

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28
Q

LO2: CHRA conflicting rights

A

No rights are absolute and there is no hierarchy of rights

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29
Q

LO2: when is direct/intentional discrimination illegal

A

On grounds specified in human rights legislation

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30
Q

LO2: legal direct discrimination

A

bona fide occupational requirement (BFOR), but there is a duty to accommodate to the point of undue hardship (like religious schools hiring members of specific faith)

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31
Q

LO2: define BFOR

A

justified business reason for discriminating against member of protected class aka bona fide occupational qualification (BFOQ)

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32
Q

LO2: define indirect/systemic discrimination

A

Company policy, practice, or action that is not openly or intentionally discriminatory, but has a discriminatory impact or effect

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33
Q

LO2: example of indirect discrimination

A

min height and weight requirements, min scores on employment tests, promotion criteria that favours seniority

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34
Q

LO2: CHRC and discrimination

A

CHRC takes steps to detect indirect/systemic discrimination

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35
Q

LO2: explain unconscious/implicit bias

A

bias that may affect decisions but which we are unaware of

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36
Q

LO2: define CHRC

A

canadian human rights commission: supervises the implementation and adjudication of the canadian human rights act

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37
Q

LO2: what consists of CHRC

A

Consists of 8 members with full time members not exceeding 7 years, part time not exceeding 3 years

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38
Q

LO2; what does CHRC do

A

Also administers employment equity act

Commission is not a tribunal and does not rule on cases

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39
Q

LO2: explain AODA

A

Accessibility for ontarians with disabilities act (AODA) requires employers to make workplaces accessible to member of the public with disabilities

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40
Q

LO2: define duty to accommodate

A

requirement that an employer must accommodate the employee to the point of undue hardship

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41
Q

LO2: list prohibited grounds of discrimination

A

1) race and colour
2) ethnic origin
3) religion
4) gender identity
5) sex + orientation
6) age
7) marital + family status
8) disability
9) pardoned convicts

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42
Q

LO2: first nations in workforce

A

First nations are underused in workforce. Less than ⅓ have mission to recruit. Factors limiting this: lack of candidates, lack of academic qualification, lack of experience, location of canadidate

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43
Q

LO2: what contributes to discrimination on name

A

implicit bias

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44
Q

LO2: whitened resume

A

Whitened resumes 2 - 2.5 times more likely to get callback

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45
Q

LO2: major case against religious discrimination

A

Undue hardship and duty to accommodate examined in ruling against central alberta dairy pool

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46
Q

LO2: what does undue hardship include

A

Undue hardship not defined but includes interference with other worker rights, size, problems of morale, interchangeability of workforce, financial cost, health and safety, collective agreements

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47
Q

LO2: when and how was gender identity included in protected grounds

A

2017,bill c16 included to prevent discrimination on this

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48
Q

LO2; dates for sexual orientation as protected ground

A

Same sex relationships recognized in 1999 CHRC report and 2000 recognized. Included in def of marriage in 2005.

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49
Q

LO2: factors that include old people to remain in workforce

A

Factors to remain in workforce include increased health of older workers and decline in pension coverage

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50
Q

LO2: big case against marital and family status protected ground

A

For family status, widely regarded case is against canada employment insurance commission

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51
Q

LO2; what is not included in marital + family status protected ground

A

Voluntary family activities are not included

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52
Q

LO2: major case for disabilty protected ground

A

2017 elk valley coal decision stated terminating employee with disability not always violation

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53
Q

LO2: define reasonable accommodation

A

voluntary adjustments to work or workplace that allow employees with special needs to perform their job effectively

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54
Q

LO2: % of workforce with disability

A

54%

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55
Q

LO2: what is not required for reasonable accommodation

A

Long absences for rehabilitation is not required

56
Q

LO2: how many people have disability

A

1/7 people have disability

57
Q

LO2: define integrated accessibility standards regulation

A

emergency procedures available in alternate formats and individualized for employees who need it

58
Q

LO2: when may pardon be granted

A

after 5 years of release or parole

59
Q

LO2: discrimination on arrest record

A

not prohibited as discrimination but need to show asking for this is relevant to job

60
Q

LO2: 3 criteria to assess BFOR

A

1) is standard rationally connected to performance of the job?
2) Was the standard established in honest belief that it was necessary to accomplish the purpose?
3) is standard reasonably necessary to accomplish its purpose?

61
Q

LO2: what can you not do for discrimination against someone who is deaf

A

You may not discriminate on the basis of disability because a deaf person can’t hear a fire alarm, it needs to be related to requirements of job and can’t be speculative situation

62
Q

LO2: what is CHRA not limited to

A

not limited to supervisors, but co-workers even for different employer

63
Q

LO3: define harrassment

A

treating an employee in a disparate manner because of that person’s sex, race, religion, age or other protected classification

64
Q

LO3: what may harassment be

A

one strong incident or a series of incidents

65
Q

LO3: explain ostracism

A

Ostracism is form of bullying but often omitted from harassment policies

66
Q

LO3: define sexual harassment

A

: unsolicited or unwelcome sex or gender based conduct that has adverse employment consequences for that complainant

67
Q

LO3: 3 characteristics of sexual harassment

A

Encounters are unsolicited, unwelcome or known by respondent to be unwelcome
Conduct must continue after complainant’s protests or protests must have led to negative employment consequences
Complainant cooperation must be due to employment related threats or promises

68
Q

LO3: landmark case of sexual harassmnet

A

department of national defence

69
Q

LO3: define employer retaliation

A

it is a criminal act to retaliate against employees who file human rights charges. Those who file are protected by law.

70
Q

LO3: what does protection against harassment extend to

A

t from the workplace, during or outside normal working hours provided such incidents are employment related

71
Q

LO3: what do we assume with harassment

A

It is assumed harassing behaviour has taken place if reasonable person ought to have known such behaviour was unwelcome

72
Q

LO3: what does CHRC do

A

investigates/administers canadian human rights act and employment equity act. Not a tribunal - they do not rule on cases.

73
Q

LO3: what if CHRC cannot resolve complaint

A

Mediation or ask canadian human rights tribunal

74
Q

LO3: steps if you’ve been discriminated against

A

If person is discriminated, contact provincial human rights officer. Most are satisfied here. Otherwise sent to provincial human rights commission and maybe tribual or board of inquiry who has same powers of tribunal.

75
Q

LO3: powers of tribunal

A

Tribunal has power to order compliance. Noncompliance is illegal.

76
Q

LO3: when does supreme court get involved

A

If issue is nationwide implications

77
Q

LO3: nova scotia human rights commission

A

uses resolution conference to deal with complaints better

78
Q

LO4: what does employment equity program do

A

Promoting employment opportunities for 4 groups: women, persons with disability, aboriginal people, visible minorities

79
Q

LO4: year employment equity act came into effect

A

1987

80
Q

LO4: explain employment equity act

A

Federal law to remove employment barriers and promote equality
Abella commission on equality in employment was appointed
Employers with 100+ employees under federal jurisdiction to develop annual plans setting out goals and timetables
Different from affirmative action in US because of negative connotations

81
Q

LO4: year of employment equity amendment

A

1996

82
Q

LO4: explain employment equity amendment

A

Employers are responsible for providing reasonable accommodation

83
Q

LO4: what HR functions are affected by employment equity programs

A

virtually all

84
Q

LO4: define employment equity programs

A

developed by employers to undo past employment disctimination to ensure equal employment opportunity in future. Called affirmative action in US.

85
Q

LO4: employment equity programs at fed and prov level

A

Mandated equity programs take place at federal level. Provincial level is largely voluntary.

86
Q

LO4: steps in employment equity programs

A 
Exhibit commitment, appoint director
Publicize commitment
Survey workforce to possibly find underutilization or concentration
Develop goals and timetables
Design specific programs
Establish controls
87
Q

LO4: explain remedial programs

A

correct problems that already exist

88
Q

LO4: explain active programs

A

management goes beyond instructing supervisors about new hiring policies and waiting for things to happen

89
Q

LO4: explain preventative programs

A

more proactive. Involve assessment of HR policies.

90
Q

LO4: define underutilization

A

condition that exists when a department or employer has a lesser proportion of members of a protected class than are found in the employer’s labour market

91
Q

LO4: define concentration

A

a condition that exists when a department or employer has a greater proportion of members of a protected class than are found in the employer’s labour market

92
Q

LO4: explain employment equity act compliance

A

Federal jurisdiction, those doing business with federal gov, companies with 100+ employees bidding on contracts $1,000,000

93
Q

LO4: pay equity in most provinces

A

Federally and in most provinces it is illegal to pay women less than men if their jobs are of equal value

94
Q

LO4: how much has wage gap shrunk

A

Gap has shrunk by 10 cents since 1981

95
Q

LO4: pay equity in specific provinces

A

Only quebec and ontario have laws covering public + private sector, BC and Sask have pay equity policy framworks.

96
Q

LO4: landmark pay equity case

A

gov

97
Q

LO4: when does reverse discrimination arise

A

Usually arises when an employer seeks to hire or promote a member of a protected group over an equally (or better) qualified candidate who is not a member of a protected group

98
Q

LO4: effect on reverse discrimination on HR

A

Places HR departments in difficult position

99
Q

LO4: reverse discrimination and CHRA

A

Canadian human rights act declares employment equity programs non-discriminatory if they fulfil the spirit of the law

100
Q

LO4: define principles of natural justice

A

Minimum standards of fair decision making imposed on persons or bodies acting in a judicial capacity

101
Q

LO4: rights for natural justice

A

to a fair hearing, to bias-free proceeding, of legal representation, to timely notice of hearing, to timely process, to present opposing argument

102
Q

LO4: what does natural justice supercede

A

org policies

103
Q

LO4: when did canadian labour code come into force

A

1971

104
Q

LO4: explain canadian labour code

A

Revised from industrial disputes investigation act of 1907
Regulates union
Provincial equivalent are employment/labour standards act

105
Q

LO4: when is weekly rest day preferable

A

sunday

106
Q

LO5: big issue for firms

A

Sexual harassment and unjust dismissal

107
Q

LO5: define workplace diveristy

A

human characteristics that influence an employee’s values, perceptions of self and others, behaviours, and interpretation of events around them

108
Q

LO5: core dimensions of diversity

A

age, ethnicity and culture, sex/gender, race, religion, sexual orientation, capabilities

109
Q

LO5: explain core dimensions of diversity

A

exert considerable impact on early socialization and powerful impact throughout lives

110
Q

LO5: secondary dimensions of diversity

A

education, status, language, income levels

111
Q

LO5: alternate to stereotyping

A

Grouping of people that gives insights into unique backgrounds, capabilities is likely to generate better outcomes

112
Q

LO5: explain old boys network

A

informal relationships among male managers and executives

113
Q

LO5; explain glass ceiling

A

invisible but real obstructions to career advancement of women and visible minorities

114
Q

LO6: what does diverse workforce require

A

A diverse workforce requires managers with new leadership styles who understand employees varying needs and creatively respond by offering flexible management policies and practices

115
Q

LO6: define managing diversity

A

ability to manage individual employees with different cultural values and lead teams made up of diverse employees

116
Q

LO6: 3 dimensions of managing diversity

A

1) diversity adds value
2) diversity includes all types of differences
3) org culture + working environments key to focus on managing diversity

117
Q

LO6: 4 important things of diversity

A

1) Changing workforce
2) Importance of human capital
3) Increasing role of work teams (valuing differences can result in improved creativity and innovative problem solving)
4) Diversity as a competitive advantage

118
Q

LO7: diversity vs inclusion

A

Managing diversity requires label or classification of people while inclusion creates practices where all employees are able to contribute effectively regardless of their differences

119
Q

LO7: diversity vs inclusion: driver

A

legal/avoid penalty vs business/enhance performance

120
Q

LO7: diversity vs inclusion: nature of change

A

remedial/imposed vs strategy/internally driven

121
Q

LO7: diversity vs inclusion: focus

A

visible diff vs visible & invisible diff

122
Q

LO7: diversity vs inclusion: implementation

A

demographic, profile change vs culture change

123
Q

LO7: diversity vs inclusion: target population

A

minorities vs everyone

124
Q

LO7: 6 current industry practices

A

1) diversity and inclusion training programs
2) mentoring programs
3) alternative work arrangements
4) apprenticeship
5) support groups
6) communication standards

125
Q

LO7: define diversity and inclusion training programs

A

training programs aimed at importing new skills to motivate and manage a diverse and inclusive workforce

126
Q

LO7: 3 diversity and inclusion training programs

A

1) awareness
2) skill building
3) training

127
Q

LO7: explain awareness training

A

training employees to develop their understanding of the need to manage and value diversity

128
Q

LO7: explain skill building training

A

training employees in interpersonal skills to correctly respond to cultural differences at the workplace

129
Q

LO7: explain process training

A

have supervisors and employees learn about diversity

130
Q

LO7: define mentoring programs

A

programs encouraging members of disadvantaged groups to work with a senior manager who acts like a friend and guide in achieving career success

131
Q

LO7: explain alternate work arrangement

A

nontraditional work arrangements that provide more flexibility to employees while meeting org goals

132
Q

LO7: explain apprenticeship

A

one on one training in which junior employees learn from experienced person

133
Q

LO7: explain support group

A

groups of employees who provide emotional support to a new employee who shares a common attribute with group

134
Q

LO7: explain communication standards

A

formal protocols for internal communications with org to eliminate bias in communication

135
Q

LO7: explain diversity and inclusion audits

A

audits to uncover underlying dimensions, causes, interdependencies, and progress to date on diversity and inclusion matters

BU 354 (11 decks)

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