the Legal Landscape

Question 1

Canadian Charter of Rights and freedom

Answer 1

• basic rights for all Canadian
• freedom of conscience & religion, of thought, belief, expression and opinion, peaceful assembly, of association.
  Sec. 15 - Equality Rights
• right to equal protection and benefit of the law without discrimination

Question 2

Human Rights Legislation

Answer 2

protection from discrimination

Question 3

Bill 168

Answer 3

Legislation on Harassment and Violence in the workplace
workplace violence means
- the exercise of physical force by a person against a worker, in a workplace, that causes or could cause physcial injury to the worker.
an attempt to exercise physical force against a worker in a workplace that could cause physical injury to the worker
- a statement or behaviour that is reasonable for a worker to interpret as a threat to exercise physical force against the worker in a workplace that could cause physical injury to the worker

Question 4

Employment Equity Act

Question 5

Human Rights Code

Answer 5

• we recognize that all people have human rights that cannot be infringed upon or dismissed
• have individual dignity
• Are entitled to equal rights and opportunities without discrimination
• need climate of understanding and mutua respect so that everyone feels a part of society and can contrubte fully to it
• its meant to remedy the situation for a group or person discriminated against, to prevent further discrimination
• provides civil remedies not criminal

Question 6

human rights code provides protection in 5 areas of our lives…

Answer 6

1) services, goods and facilities (schools, hospitals, shops, restaurants, etc)
2) housing (rent or own)
3) contracts (written and oral agreements)
4) employment (job ads, application forms, interviews, training, work environment, etc)
5) membership in vocational associations and trade unions (united steel workers).

Question 7

Human rights code has gone on to include changes such as..

Answer 7

• 1981, sexual harassment
• 1980’s adding disability and sexual orientation
• 2012, gender identity and gender expression

Question 8

intentional discrimnation

Answer 8

• direct
  -differential or unequal treatment
• indirect (3rd party)
  by association

Question 9

Unintentional Discrimination

Answer 9

• constructive/systemic discrimination

- embedded in policies with adverse impact on specific groups

Question 10

BFOR - Bonafide Occupational Requirement

Answer 10

• permissible/justifiable reason for discrimination
• based on business necessity for safe and efficient operations
• intrinsically required by job tasks (must have sight to drive a truck)

Question 11

requirements for reasonable accomodation

Answer 11

• adjustment of employment policies/practices so that no individual is:
• denied benefits
• disadvantaged in employment
• prevented from carrying out a job

Question 12

undue hardship

Answer 12

human right legislation mandates employers must accommodate beyond undue hardship

• the point whee financial cost of health and safety risks make accommodation impossible

Question 13

harassment

Answer 13

• unwelcome behaviour that demeans humiliates or embarrasses a person and that a reasonable person should have known would be unwelcome

Question 14

employers responsibility when it comes to harassment

Answer 14

• protect employees from harassment

- includes harassment by clients and customers

Question 15

sexual harassment

Answer 15

• sexual or humiliating behaviour that is related to a persons sex as well as behaviour of a sexual nature that creates an intimidating, unwelcome, hostile or offensive work environment or that could reasonably be thought to put sexual conditions on a persons job or employment opportunity

Question 16

types of a sexual harassment

Answer 16

• sexual coercion

- sexual annoyance

Question 17

sexual coercion

Answer 17

• harassment of a sexual nature that results in some direct consequence to the workers employment status or some gain in or loss of tangible job benefits

Question 18

sexual annoyance

Answer 18

sexually related conduct that is hostile, intimidating or offensive to the employee but as no direct link to tangible job benefits or loss

Question 19

harassment policies

Answer 19

to reduce liability of the employer…
- establish sound harassment policies
- communicate such policies to all employees
enforce policies in a fair and consistent manner
- take an active role in maintaining a working environment that is free of harassment

Question 20

enforcement of harassment

Answer 20

• human rights commission in each jurisdiction
• costs are borne by commission
• human rights tribunals resolves conflict through mediation
• remedies - systemic or restitutional

Question 21

harassment under bill 168

Answer 21

• persistently picking on individuals either iin public or in private or shouting at staff
• punishing employees by removing responsibilities for minor infractions or giving trivial tasks
• to overload an employee with work and reducing time frames to complete tasks
• acting towards employees with condescending attitude
  demeaning, belittling or harassing other employees