Day 6 - Legal & Diversity

Question 1

The Charter of Rights and Freedoms

Answer 1

The Canadian Charter of Rights and Freedoms is contained in the Constitution Act of 1982
Most far-reaching legal challenge for HR managers
Charter provides fundamental rights to every Canadian
-Freedom or thought, belief, opinion, speech etc.

Question 2

Direct discrimination

Answer 2

On grounds specified in the human rights legislation- is illegal

Question 3

Systemic (indirect or unintentional) Discrimination

Answer 3

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

• Eg. Minimum height and weight requirements
• Employee referral programs- ppl know ppl who are similar to them, might end up with all the “same” people.

Question 4

Human Rights Legislation

Answer 4

Bona fide occupational qualification (BFOQ)
-Legal form of discrimination
-Justified business reason for discriminating against a member of a protected class
(need a good “job analysis” to figure out what is needed for the job)

Duty to accommodate
-Requirement that an employer must accommodate the employee to the point of “undue hardship”

Question 5

Bona fide occupational qualification (BFOQ)

Answer 5

Legal form of discrimination
Justified business reason for discriminating against a member of a protected class
(need a good “job analysis” to figure out what is needed for the job

Question 6

Duty to accommodate

Answer 6

Requirement that an employer must accommodate the employee to the point of “undue hardship”

Question 7

Prohibited Grounds of Discrmination

Answer 7

Race and colour
National or Ethnic origin
Religion
Age
Sex & sexual orientation
Marital and family status
Disability
Pardoned convicts

Question 8

Harassment

Answer 8

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

Question 9

Sexual harassment

Answer 9

Unsolicited or unwelcome sex or gender-based conduct that has adverse employment consequences for the complainant

Question 10

Reasonable person test

Answer 10

They would know that this behaviour is unwanted

Question 11

Sexual Harassment Behaviours

Answer 11

Sexually degrading remarks
Inquiries or comments about a person’s sex life
Sexual flirtations, advances and propositions
Demands for sexual favours
Verbal threats and abuse
Leering
Unwanted gestures
Display of sexually offensive material
Sexual assault

Question 12

Enforcement

Answer 12

Canadian Human Rights Commission (CHRC) is responsible for enforcement of the Canadian Human Rights Act (federal)

Canadian provinces and territories generally have their own human rights laws and human rights commissions with similar discrimination criteria, regulations, and procedures

Question 13

Employment Equity

Answer 13

Women
Persons w/ disability
Aboriginal people
Visible minorities

Organizations under federal jurisdiction with 100 or more employees are under this
-must put into place a plan to hire people from these groups (show they are trying).

Question 14

Functional Impact of Employment Equity

Answer 14

Human resource plans
Job descriptions
Recruiting
Selection
Training and development
Performance appraisal
Compensation program (based entirely on work related performance)

Question 15

Benefits of Employment Equity

Answer 15

Larger applicant pool
Avoiding costly human rights complaints
Enhanced ability to recruit and retain
Enhanced employee morale
Improved corporate image

Question 16

Pay Equity

Answer 16

Equal pay for work of equal value
-Federally, and in most provinces, laws exist that make it illegal to pay women less than men if their jobs are of equal value.

Recent cases include:
2011 Supreme Court of Canada ruling involving Canada Post is expected to cost $250 million. (Ruled that they violated pay equity)