Legal framework Flashcards
What are the federal laws and provincial human rights laws?
Federal: -Canadian Charter of Rights and Freedoms -Canadian Human Rights Act Provincial: -Quebec Charter of Rights and Freedoms
What is BFOR, BFOQ?
Bona fide occupational requirement/qualification. Justifiable reason for discrimination. (ex: good vision for taxi drivers)
What is reasonable accommodation?
adjusting working conditions (compromise on both ends)
What is systematic discrimination?
exclusion of people based on criterions not job-related
What is undue hardship?
the point where an organization can’t accommodate
What is harassment?
physical or verbal behavior that offends or humiliates someone (the question is: would a reasonable person would think it is appropriate?)
What are the steps to the Canadian Human Rights Complaints Process?
1- Inquiry + Screening: contact CHRC with a complaint
2- Early resolution + mediation
3- Formal complaint
4- Notification: Employer contacted => validity determined
5- Mediation: voluntary
6- Investigation: report submitted, CHRC refers to conciliation or tribunal
7- Conciliation: mandatory mediation
8- Tribunal
What are the federal and provincial laws regarding the employment standards?
Federal: Canadian Labour Code
Provincial: Act Respecting Labour Standards in Québec
What are the employment standards?
Minimum obligations of employers (minimum pay, vacation pay, public holidays, hours)
If an employee wants to make a complaint about Employment Standards how does it work?
The employee needs to make a complaint to an agency or commission who will contact the employer.
What are the new 2019 labor standards news?
The employer has to prove that there are policies making it is easy for employees to make a confidential complaint in a few steps.
What are labor relations legislations?
Legislation that governs processes between trade unions and employers (bargaining rights)
What are the laws in Canada and Québec regarding Health and Safety?
Canada: Canadian Labour Code
Québec: Act respecting Occupational Health and Safety
What is Employment Equity Legislation and for whom it is particularly made for?
- fairness + impartility => remove barriers + implementation of special measures
- First Nations, Women, visible minorities, disabilities
What are in Canada and québec the laws for Employment Equity?
Canada: Employment Equity Act (federally regulated organizations)
Québec: Act respecting Equal Access to Employment in Public Bodies (provincial organizations in public sectors)
What is pay equity and what are the laws in Canada and Quebec?
Pay equity: Narrow the gap between men and woman
- Canadian Human Rights (all federally regulated organizations)
- Pay Equity Act in Québec
What are the two principles of pay equity?
- Equal pay for equal work
- Equal pay for work of equal value (based on responsibilities)
What is diversity management?
optimize everyone’s background for business success (voluntary and inclusive)
What is ethnocentrism?
The beliefs that one culture is superior
What are the key elements of diversity management?
- diversity training programs
- review HR practices
- leaders accountable for diversity
- culture that embraces diversity
- be systematic (asses needs, set goals, monitor progress)
What is organizational ethics?
standards of conduct and moral judgments to determine right and wrong behaviors
What is whistleblowing?
when employees report unethical practices
What is covered under federal jurisdictions?
- transport
- defense
- bank
- criminal law
What is shared between federal and provincial?
immigration and agriculture
