Chapter 2 Flashcards
(25 cards)
Employment equity programs
A detailed plan to identify and correct existing discrimination, and achieve a balanced representation of members of the four designated groups in the organization
Glass ceiling
An invisible barrier, caused by attitudinal or organizational bias, that limits the advancement opportunities of qualified designated members.
Underemployment
Being employed in a job that does not fully utilize one’s knowledge, skills, and abilities
Discrimination because of association
Denial of rights because of friendship or other protected group member.
Charter of rights and freedoms
Federal law enacted in 1982 that guarantees the fundamental freedoms to all Canadians
Equal pay for equal work
Specifies that an employer cannot pay male and female employees differently if they are performing the same or substantially similar work
Sexual harassment
Offensive or humiliating behavior that is related to a persons sex, as well as behavior of a sexual nature that creates an intimidating, unwelcome, hostile, or offensive work environment or can reasonably be thought to put sexual conditions on a persons job or employment opportunities
Bona-fide occupational requirement
A justifiable reason for discrimination based on business necessity (I.E., required for the safe and efficient operation of an organization) or a requirement that can be clearly defended as intrinsically required by tasks an employee is expected to perform
President
The decision or interpretation of a court of another jurisdiction or similar case can act as persuasive authority regarding how legislation is to be interpreted and applied in other jurisdictions or case
Regulations
Legally binding rules established by special regulatory bodies created to enforce compliance with the law and aid in its interpretation.
Systemic remedies
Forward-looking solutions to discrimination that require respondents to take positive steps to ensure compliance with legislation, both in respect to the current complaint and any future practices
KSA
knowledge, Skills, and Abilities
Undue hardship
The point to which employers are expecting to accommodate employees under human rights legislative requirements
Human rights legislation
Jurisdiction-specific legislation that prohibits intentional and unintentional discrimination in employment situations and in delivery of goods and services
Unintentional/ constructive/systemic discrimination
Discrimination process that is embedded in policies and practices that appear neutral on the surface and are implemented impartially but have adverse impact on specific groups of people for reasons that are not job related or require for the safe and efficient operation of the business
Discrimination
As used in the context of human rights in employment, a distinction, exclusion, or preference based on any of the prohibited grounds that has the effect of nullifying or impairing the right of a person to full and equal recognition and exercise of their human rights and freedoms.
Sexual coercion
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
Restitutional remedies
Monetary compensation for complainants to put them back to the position they would be in if discrimination had not occurred ( this includes compensation for injury to dignity and self-respect) and may include an apology letter
Tort law
Primarily judge based law, whereby a victim is provided compensation for losses or damages in civil court (not criminal court)
Reasonable accommodation
The adjustment of employment policies and practices that an employer may be expected to make so that no individual is denied be if it’s, disadvantaged in employment, or prevented from carrying out the essential components of a job because of grounds of prohibited in human rights legislation
Sexual annoyance
sexually related conduct that is hostile, intimidating, or offensive the the employee but has no direct link to tangible job benefits or loss thereof
Differential or unequal treatment
Treating an individual differently in any aspects of terms and conditions of employment based on any prohibited grounds
Employment standards legislation
(Labour) laws presents in every Canadian jurisdiction that establish minimum employee entitlements and set a limit in the maximum number of hours of work permitted per day
Equality rights
Found in section 15 of the Charter of Rights and Freedoms, which guarantees the right to equal protection and be if it of the law without discrimination
