HRM Chapter 2 Flashcards
What is tort law?
Tort law is the judge-based law, whereby the precedent and jurisprudences set by one judge through his or her assessment of a case establishes how similar cases will be interpreted.
What are regulations?
Legally binding rules established by special regulatory bodies created to enforce compliance with law and aid in interpretation.
What is equality rights?
Equality rights are found in Section 15 of the Charter Rights and Freedoms, which guarantees the right to equal protection and benefit of the law without discrimination.
What is discrimination?
Discrimination as defined in the human rights code is a distinction, exclusion, or preference based on any of the prohibited grounds and 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.
What is differential or unequal treatment?
It is the treatment of an individual differently in any aspect of terms and conditions of employment based on any of the prohibited grounds.
What is discrimination because of association?
Denial of rights because of friendship or other relationship with a protected group member.
What is unintentional/constructive/systemic discrimination?
Unintentional/constructive/systemic discrimination is discrimination that is embedded in policies and practices that appear neutral on the surface and are implemented impartially, but have no adverse impact on specific groups of people for reasons that are not job related or required for the safe and efficient operation of businesses?
What is bona fide occupational requirement (BFOR)?
BFOR is a justifiable reason for discrimination based on business necessity (that is, required for the safe and efficient operation of the organization) or a requirement that can be clearly defended as intrinsically required by the tasks on an employee is expected to perform.
What is reasonable accommodation?
The adjustment of employment policies and practices that an employer may be expected to make so that no individual is denied benefits, disadvantaged in employment, or prevented from a carrying out the essential components of a job because of grounds prohibited in human rights legislation.
What is undue hardship?
Undue hardship is the point to which employers are expected to accommodate employees under human rights legislative requirements,
What is sexual harassment?
Sexual harassment is the 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 reasonable be through to put sexual conditions on a person’s job or employment opportunities.
What is sexual coercion?
Harassment of a sexual nature that results in some direct consequence to the worker’s employment status or some gain in or loss in tangible job benefits.
What is sexual annoyance?
Sexual annoyance is sexually related conduct that is hostile, intimidating, or offensive to the employee but has no direct link tangible job benefits or boss thereof.
What is systemic remedies?
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.
What is restitutional remedies?
Restitutional remedies are monetary compensation for the complaint to put him or her back to the position he or she would be in if the discrimination had not occurred.
