Chapter 2 - The Changing Legal Emphasis Compliance and Impact on Canadian Workplaces Flashcards
(36 cards)
Right to modify employee work terms for legitimate business needs
Employer
Right to be protected from harmful business practices
Employee
Balance needs of employer and employee
Government
Federally regulated employers (federal civil service, Crown corporations and agencies, transportation, banking and communications)
Federal laws
All other employers (90% of Canadian workers)
Provincial/territorial employment laws
Basic rights for all Canadians
Canadian Charter of Rights and Freedoms
Protection from discrimination
Human Rights Legislation
Minimum terms and conditions of employment
Employment Standards Legislation
Content or context specific
Ordinary Laws
Primarily judge-based law;
Precedent and jurisprudences set by one judge through his or her assessment of a case;
Establishes how similar cases will be interpreted.
Tort Law
Freedoms: freedom of conscience and religion freedom of thought, belief, expression and opinion freedom of peaceful assembly freedom of association
The Canadian Charter of Rights and Freedoms
Section 15 - right of equal protection and benefit of the law without discrimination
Equality Rights
Jurisdictions specific legislation;
Prohibits intentional and unintentional discrimination in employment situations;
Also in the delivery of goods and services.
Human Rights Legislation
“… a distinction, exclusion or preference based on one 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 his or her human rights and freedoms.”
Discrimination
Direct
Differential or unequal treatment
Indirect (3rd party)
By association
Intentional Discrimination
Constructive or systemic discrimination;
Embedded in policies with adverse impact on specific groups
Unintentional Discrimination
Justifiable reason for discrimination;
Based on business necessity (safe and efficient operations)
e.g. vision standards for bus driver
Bona Fide Occupational Requirement (BFOR)
Adjustment of employment policies/practices so that no individual is denied benefits or is disadvantaged;
Based on prohibited grounds in human rights legislation
e.g. work station redesign for wheelchair
Reasonable Accommodation
Financial costs make accommodation impossible
Undue Hardship
Basis determined by courts
- differential treatment
- enumerated ground (protected by legislation)
- substantive sense (is burden imposed or benefit withheld?)
Accommodation
- respect dignity
- discrimination must be legally defensible
- most appropriate accommodation should be undertaken
Disability
“Unwelcome behaviour that demeans, humiliates or embarrasses a person and that a reasonable person should have known would be unwelcome.”
Harassment
Protect employees from harassment;
Includes harassment by clients or customers
Employer Responsibility
“Offensive or humiliating behaviour that is related to a person’s 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 person’s job or employment opportunities.”
Sexual Harassment
“Harassment of a sexual nature that results in some direct consequence to the worker’s employment status or some gain in or loss of tangible job benefits.”
Sexual Coercion
