Module 3 Flashcards
Legal Requirements and Diversity
What does the Canadian Charter of Rights and Freedoms do?
Guarantees fundamental rights.
What parts of the Charter of Rights and Freedoms are the most important to HRM?
- Right to live and seek employment anywhere in Canada
- Freedom of thought, belief, opinion and expression
- Equality rights without discrimination
- Freedom of association
What is HRL?
Human Rights Legislation:
- Aims for equal employment opportunity by prohibiting discrimination based on certain grounds
- Exists at federal and provincial levels
- Prohibited grounds fairly uniform across jurisdictions
What are the 3 types of discrimination?
Direct, Indirect, Reverse
What is direct discrimination?
Treating an employee unfairly based on prohibited ground (gender, age, disability, race)
What is indirect discrimination?
Unintentional discrimination where workplace policies and practices “de facto” discriminate against employees based on a prohibited ground.
What is reverse discrimination?
Treating a member of a protected group (or minority) more favourably than another employee (such as a white male employee).
What are some examples of prohibited grounds?
- Sex/Gender
- Religion
- National/Ethnic Background
- Race
- Age
- Disability
- Sexual Orientation
Explain the duty to accomodate:
An employee has no right to “perfect” accomodation, but the obligation to accept reasonable accomadation. If the employee refuses reasonable accomodation the employer’s duty is discharged.
Who enforces HRL under federal jurisdiction?
CHRC - the Canadian Human Rights Commission
Who enforces HRL under provincial jurisdiction (SK)?
SHRC - Saskatchewan Human Rights Commission
List some contemporary issues in HRL:
- Drug testing
- Off-duty social media conduct
- Privacy at work
What are major trends in workplace harassment?
Cyber bullying and sexual harassment.
What is the largest issue in pay equity today?
The wage gap, women are still paid less than their male counterparts.
What are employment standards (ES)?
Minimum standards employeers can derogate from to the advantage of the employee.
- Minimum wage
- Paid vacation