Legal framework

Question 1

What are the federal laws and provincial human rights laws?

Answer 1

Federal: 
-Canadian Charter of Rights and Freedoms
-Canadian Human Rights Act
Provincial:
-Quebec Charter of Rights and Freedoms

Question 2

What is BFOR, BFOQ?

Answer 2

Bona fide occupational requirement/qualification. Justifiable reason for discrimination. (ex: good vision for taxi drivers)

Question 3

What is reasonable accommodation?

Answer 3

adjusting working conditions (compromise on both ends)

Question 4

What is systematic discrimination?

Answer 4

exclusion of people based on criterions not job-related

Question 5

What is undue hardship?

Answer 5

the point where an organization can’t accommodate

Question 6

What is harassment?

Answer 6

physical or verbal behavior that offends or humiliates someone (the question is: would a reasonable person would think it is appropriate?)

Question 7

What are the steps to the Canadian Human Rights Complaints Process?

Answer 7

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

Question 8

What are the federal and provincial laws regarding the employment standards?

Answer 8

Federal: Canadian Labour Code
Provincial: Act Respecting Labour Standards in Québec

Question 9

What are the employment standards?

Answer 9

Minimum obligations of employers (minimum pay, vacation pay, public holidays, hours)

Question 10

If an employee wants to make a complaint about Employment Standards how does it work?

Answer 10

The employee needs to make a complaint to an agency or commission who will contact the employer.

Question 11

What are the new 2019 labor standards news?

Answer 11

The employer has to prove that there are policies making it is easy for employees to make a confidential complaint in a few steps.

Question 12

What are labor relations legislations?

Answer 12

Legislation that governs processes between trade unions and employers (bargaining rights)

Question 13

What are the laws in Canada and Québec regarding Health and Safety?

Answer 13

Canada: Canadian Labour Code

Québec: Act respecting Occupational Health and Safety

Question 14

What is Employment Equity Legislation and for whom it is particularly made for?

Answer 14

• fairness + impartility => remove barriers + implementation of special measures
• First Nations, Women, visible minorities, disabilities

Question 15

What are in Canada and québec the laws for Employment Equity?

Answer 15

Canada: Employment Equity Act (federally regulated organizations)
Québec: Act respecting Equal Access to Employment in Public Bodies (provincial organizations in public sectors)

Question 16

What is pay equity and what are the laws in Canada and Quebec?

Answer 16

Pay equity: Narrow the gap between men and woman

• Canadian Human Rights (all federally regulated organizations)
• Pay Equity Act in Québec

Question 17

What are the two principles of pay equity?

Answer 17

• Equal pay for equal work

- Equal pay for work of equal value (based on responsibilities)

Question 18

What is diversity management?

Answer 18

optimize everyone’s background for business success (voluntary and inclusive)

Question 19

What is ethnocentrism?

Answer 19

The beliefs that one culture is superior

Question 20

What are the key elements of diversity management?

Answer 20

• diversity training programs
• review HR practices
• leaders accountable for diversity
• culture that embraces diversity
• be systematic (asses needs, set goals, monitor progress)

Question 21

What is organizational ethics?

Answer 21

standards of conduct and moral judgments to determine right and wrong behaviors

Question 22

What is whistleblowing?

Answer 22

when employees report unethical practices

Question 23

What is covered under federal jurisdictions?

Answer 23

• transport
• mail
• defense
• bank
• criminal law

Question 24

What is shared between federal and provincial?

Answer 24

immigration and agriculture

Question 25

What are the federal laws?

Answer 25

• Canadian Charter of Human Rights and Freedoms (government entities)
• Canadian Human Rights (human rights + pay equity)
• Canadian Labor Code (health + safety, labor relations, employment standards to federal regulated)
• PIPEDA (personal information protection)