week 2 Flashcards
reasons behind HR laws
o Employers have a right to modify employee work terms and arrangement according to legit bus needs
o Employees have right to be protected from harmful practices
o Gov role is to balance needs through dev and maintain of employee legislation
legislation layers general to specefic
charter, HR legislation (stem off charter protect from discrim, think cghart show diff province political discrim), employment standards (min wage, ) , ordinary law, contract law like colelctive bargain, tort law, employement contract
6 tests for employees
o Control test- when they can do their work, control pay and standards of work
Training
o Tools and equipment who own and maintain
o Subcontracting can I hire workers
o Financial risk fixed, ongoing cost that not reimbursed
o Investment in management- who makes decision on profit/loss
o Opp for profit and share in loss
charter of rights applies to includes what and exceptions
o Applies to action of gov all levels and their laws
o Legislation must meet charter standards guarantee fundamental freedoms
includes: Multicultural rights, minority language rights, mobility and right to democracy.
o Equality rights has huge impact on employment and basis for human rights legislations
Charter is basis for human rights legislation
o Expectations allow infringe if demonstrate justified and reasonable limit in free society which is open to interpret so ends in supreme court often
HR rights legislation
o Jurisdictional rights, prevents discrim intentional or not, supersedes any employment contracts / collective agreement
o Equality rights guarantee equal protection and benefit from law without discrim
what is discrim accord HR legislations
o Choose something, in relation to employment s unlawful making decision on something shouldn’t (is a distinction, exclusion, or preference based on any of the prohibited grounds that impairs right of person to full and equal recognition) doesn’t include things not protected like wearing red
what is contrustive discrim inpolicy
policy that appear neutral but are discriminatory, difficult to detect that has adverse effect on groups of people
* Like minimal height and weight Asians usually shorter
* Word of mouth hiring with a not much diversity or hire from only one school
* Limited accessibility ex mandatory golf trip
duty to accomodate to what point
health and safety risks
Equal access to employment from any attitude and systemic barriers
Undue hardship based on judge interpretation
o Accommodation considered ok if result
in equal opp benefit or privileges others experience
o Criteria BFOR:
1- question of rationale was it legit work purpose
2- good faith- believe that reason is necessary to fill role
3- reasonable necessity: possible to do without undue hardship on bus
- Reasonable accommodation is
o Adjustment of policy expected to make so no person denied benefit or disadvantaged in employment or prevented from carry out essential component of job because of grounds prohibited in HR legislation
if there is discrim need to
demo indiviualized attempt to show made effort
o Accommodate to undue hardship which is point that employers are expected to accommodate employees under HR legislation , what may cause undue
Financial costs may make accommodation impossible
Health and safety risks
- Employers “owe an obligation to be aware of both the differences between individuals, and the differences that characterize groups of individuals. They must build conceptions of equality into workplace [or other] standards” p. 38 this means
o Can’t just say didn’t think about it employers must be on top and looking for discriminatory actions
- Obesity not on prohibited grounds so can fire based on weight?
o Argue on the grounds of disability associated with it
enforcement of discrim ND OBLIGATION
o HR tribunal provide speedy and accessible and mediate elements would deal with issues right away
They usually hear first and help result through mediation, org given time to prep case
Obligation incl: demonstrate awareness of discrim, incl anti discrim policy
* 2- fulfill post complaint action incl investigate
* 3- restore through reasonable solution and communicate
systemic vs restiutional limit
o Systemic remedy (compliance) which is forward looking incl ensure compliance with legislation
or restitution remedy ($) can have a combo
o 3 inquiries to determine if discrim happened
1- differential treatment
2- clause that protected through legislation
3- does discrim = burden
what is harassment
o Unwelcome behavior to embarrass person, reasonable person would deem unwelcome
To threaten and intimidate person
Unwelcome request jokes etc
Unnecessary physical contact and leering
Display pornographic and racist images
what is sexual harassment and both types
offensive relating to sex and behavior of sexual nature creating hostile work environment or offensive work environment or that could reasonably be thought to put sexual conditions on a person’s job or employment opportunities
o Reasonably thought to put sexual conditions of persons job coercing, using control over job
annoyance
harassment policies should include
Commitment to Safe and Respectful Work Environment:
This involves a clear statement from the organization that it is committed to providing a workplace free from harassment and fostering a respectful and inclusive culture.
Statement Harassment is Against the Law:
This includes informing employees that harassment is illegal under various human rights and employment laws. It emphasizes that the organization will not tolerate any form of harassment.
Information for Victims to Identify Harassment:
Providing guidelines and resources to help employees recognize and understand what constitutes harassment. This may include examples of unacceptable behavior and signs of harassment.
Employees’ Rights and Responsibilities:
Clearly outlining the rights of employees to work in a harassment-free environment and their responsibilities to contribute to such an environment. This includes reporting any incidents of harassment.
Employers’ and Managers’ Responsibilities:
Defining the roles and responsibilities of employers and managers in preventing and addressing harassment. This includes creating policies, conducting training, and taking immediate action on complaints.
Procedures on What to Do:
Providing a clear process for reporting harassment. This includes how to file a complaint, who to contact, and what steps will be taken once a complaint is made.
Penalties for Retaliations:
Ensuring employees that there will be no retaliation for reporting harassment. Clearly stating the consequences for anyone who retaliates against someone for filing a harassment complaint.
Guidelines for Appeals:
Outlining the process for employees to appeal decisions related to harassment complaints if they are not satisfied with the outcome.
Alternative Options:
Offering additional options for addressing harassment, such as mediation or external legal recourse. This provides employees with multiple avenues to seek help.
How the Policy is Monitored and Adjusted:
Explaining how the harassment policy will be regularly reviewed and updated to ensure its effectiveness. This may include periodic audits, employee feedback, and updates to reflect changes in the law
other considerations for harassment policy
Must be penalty for retaliations on bringing forward sexual harassment
Must be accessible in sense to not have negative outcomes and must be investigated
what is equity program
detailed pan to ID and correct existing discrimination, redress past discrimination, and achieve a balanced representation of members of the four designated groups in the organization
w Employment equity act applies to what jursidciction
Employment equity act applies to federally regulated industry crown corp etc
hostile vs beenvolent sexism
- Hostile sexism I make decision to not hire based on gender
- Benevolent sexism also at play: challenge dev experience like leading tough project prepare people for promotions, however men and women less likely to give to men.
inequality of 4 groups =
lower pay, underemploy, unemeploy, occupation segregatuion, low status and growthj
gender implicit bias
o Implicit bias is something in the back of our mind why women make less like leader need be aggressive women not like that
Indgi
o Many of the TRC calls need to be taken serious but not many are like limit education and employment gaps, equitable access to jobs training and education
o More important to de colonize work and examine colonial aspects of their work create a welcome environment
disability pay gap 4 factors
prevalence, severity, type, age onset
- Visible minorities non indgi and non-white
KSA not fully recognized
- Employment and labor standards includes
o Federal and provincial versions
o Present in all Canadian jurisdictions
o Establish minimum employment entitlements
o Max work hours
o Principle of greater benefits applies
