Meeting legal requirements Flashcards
Protected grounds of discrimination- Human rights legislation
Race, ethnic or national origin, color, religion, age, sex, disability, family or marital status
Human rights legislation covers…. (2)
Discrimination
Harassment
Employers are expected to make adjustment to working conditions to prevent discrimination to the point of…
Undue hardship
A justifiable reason for discrimination of a member of a designated group
Bona fide occupational requirement/qualification
3 part test to BFOR/Q
Adopted practice that is rationally connected to job
Must show it adopted practice in an honest and good faith belief it was necessary
Must establish the standard is reasonably necessary to the accomplishment of that legitimate work practie
Point where financial cost or health and safety risk make accommodation impossible
Undue Hardship
Relevant considerations of undue hardship
Financial cost
Disruption of collective agreement
Problem of moral of other employees
Most frequent complaints of human rights agencies
Sexual harassment
Most costly for employers who fail to have effective policies or fail to treat such complaints from their employees/customers seriously
Sexual harassment
Component of ensuring reasonable care- sexual harassment liability
- Establishing a sexual harassment policy
- Communicating the policy regularly
- Training employees and management on avoiding sexual harassment
- Investigating and taking action when complaints are voiced
Actions of employers to stop sexual harassment
Zero tolerance policy
Training
Email systems and web sites with scanners
Employment equity- protected class’
Women
Disabilities
Aboriginals
Visible minorities
Exists when a department or employer has lesser proportion of members of a protected class than are found in the employers labor market
Underutilization
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
Concentration
Two employee rights
Right to privacy
Right to fair treatment