Session 4 - Employment Equity and Legal Framework

Question 1

What are some scenarios HRM must consider the law when deciding to do?

Answer 1

Which employee to hire, how to compensate employees, what benefits to offer, how to accommodate employees with disabilities

Question 2

What legal frameworks must HRM follow for employment?

Answer 2

Constitution (Canadian charter of rights and freedom), Statutes or legislation (acts of federal or provincial), Common law (not derived from specific legislation), Contract law (individual employment contracts)

Question 3

Is the effect of the constitution on HRM generally more direct or indirect?

Answer 3

Indirect

Question 4

What is the purpose of the human rights legislation?

Answer 4

to provide equal employment opportunities to members of protected groups (prevent discrimination)

Question 5

What are some examples of groups under the “prohibited groups of discrimination”?

Answer 5

race or color, ethnic or national origin, creed or religion, sex, marital status, age, disability

Question 6

What does the federal legislation on employment discrimination involve?

Answer 6

Involves employment practices that fail to provide equal opportunity to members or protected groups

Question 7

What is direct discrimination?

Answer 7

Employment practice that intentionally discriminates on prohibited groups

Question 8

What is indirect discrimination?

Answer 8

Employment practice that results in discrimination against protected groups, not intentional (referred to as “adverse impact”

Question 9

Is direct or indirect discrimination more harmful?

Answer 9

both equally as harmful

Question 10

What is BFOR?

Answer 10

A job requirement that legally overrides human rights protection

Question 11

When is BFOR allowed?

Answer 11

When abilities needed to carry out the essential job requirements are related to a prohibited group

Question 12

What are some examples of well known BFOR cases?

Answer 12

Etobicoke firefighters, BC firefighters,

Question 13

What is the criteria used to asses BFOR?

Answer 13

• is the standard rationally connected to performance of the job?
• was the standard established in an honest belief that it was necessary to accomplish the purpose identified in stage 1?
• Is the standard reasonably necessary to accomplish its purpose?

Question 14

What is adverse effect discrimination?

Answer 14

Is discrimination that is not intentional

Question 15

What is “reasonable accommodation”?

Answer 15

Employer must accommodate to the point of undue hardship

Question 16

What are the 2 federal employment laws?

Answer 16

The Canadian labor code and the Canadian human rights act