Alberta and BC Human Rights Codes Quiz
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Questions and Answers

Recognition of the inherent dignity and the equal rights of all persons is fundamental for freedom, justice, and peace in the world.

True (A)

In Alberta, persons are considered equal only with regard to gender and age.

False (B)

Multiculturalism is acknowledged as a fundamental principle in Alberta's society.

True (A)

The purpose of the BC Code includes fostering barriers to participation in social life.

<p>False (B)</p> Signup and view all the answers

The Alberta Act and the BC Code contain specific legislative requirements.

<p>False (B)</p> Signup and view all the answers

Race is specifically defined in both BC and Alberta legislation.

<p>False (B)</p> Signup and view all the answers

Promoting a climate of understanding and mutual respect is a goal of the BC Code.

<p>True (A)</p> Signup and view all the answers

Identifying patterns of inequality is not a concern of the BC Code.

<p>False (B)</p> Signup and view all the answers

Discrimination based on religious beliefs is protected even if the beliefs are not essential elements of a particular religion.

<p>True (A)</p> Signup and view all the answers

The term 'colour' in this context refers to the color of a person's hair.

<p>False (B)</p> Signup and view all the answers

The richness of life in Alberta is believed to be enhanced by sharing cultural diversity.

<p>True (A)</p> Signup and view all the answers

Discrimination on the basis of gender extends only to male and female individuals.

<p>False (B)</p> Signup and view all the answers

Alberta legislation does not recognize native spirituality as a form of religious belief.

<p>False (B)</p> Signup and view all the answers

Gender identity is linked to a person's external appearance of gender.

<p>False (B)</p> Signup and view all the answers

Discrimination on the ground of colour includes only physical harassment.

<p>False (B)</p> Signup and view all the answers

Employers must take positive measures to accommodate employees' religious practices, such as allowing breaks for prayer.

<p>True (A)</p> Signup and view all the answers

Documenting hiring decisions can help employers defend against claims of discrimination.

<p>True (A)</p> Signup and view all the answers

All employment decisions are considered discriminatory if any reason involves a prohibited ground.

<p>True (A)</p> Signup and view all the answers

Employers do not need to regularly update job descriptions.

<p>False (B)</p> Signup and view all the answers

In 2022 – 23, 78 percent of complaints in Alberta were related to employment.

<p>True (A)</p> Signup and view all the answers

Sexual orientation was included as a specific ground in the Alberta Act prior to 2009.

<p>False (B)</p> Signup and view all the answers

Only essential duties should be evaluated when determining a person's ability to perform a job.

<p>True (A)</p> Signup and view all the answers

The BC Code includes source of income as a ground of employment discrimination.

<p>False (B)</p> Signup and view all the answers

It is unnecessary for employers to review job requirements during the hiring process.

<p>False (B)</p> Signup and view all the answers

Subtle discrimination in the workplace can violate human rights.

<p>True (A)</p> Signup and view all the answers

Political belief is recognized as a ground of discrimination in the BC Code.

<p>True (A)</p> Signup and view all the answers

Temporary work and volunteer work are considered types of employment under Alberta's broad interpretation.

<p>True (A)</p> Signup and view all the answers

The interpretation of BFORs is based solely on personal opinions of the employer.

<p>False (B)</p> Signup and view all the answers

Morrison v AdvoCare and Turner v Canada Border Services Agency are examples of cases related to workplace discrimination.

<p>True (A)</p> Signup and view all the answers

The BC Human Rights Tribunal reported that 78 percent of complaints were related to employment in 2022 – 23.

<p>False (B)</p> Signup and view all the answers

The grounds of discrimination related to employment in BC and Alberta have several similarities.

<p>True (A)</p> Signup and view all the answers

The Supreme Court decision concerning Vriend v Alberta resulted in the addition of political belief to Alberta's legislation.

<p>False (B)</p> Signup and view all the answers

Conciliation is the only method available before a case management meeting is held.

<p>False (B)</p> Signup and view all the answers

A human rights hearing is conducted in the same manner as a traditional court hearing.

<p>True (A)</p> Signup and view all the answers

The panel that hears human rights cases is prohibited from allowing legal representation for the parties.

<p>False (B)</p> Signup and view all the answers

A panel’s decisions in human rights cases do not carry the same weight as court decisions.

<p>False (B)</p> Signup and view all the answers

A reconsideration of a decision by a human rights panel can be requested anytime regardless of circumstances.

<p>False (B)</p> Signup and view all the answers

Complaints related to matters covered by a collective agreement are typically addressed by human rights panels.

<p>False (B)</p> Signup and view all the answers

Parties can file complaints under both human rights and collective agreement jurisdiction.

<p>True (A)</p> Signup and view all the answers

In Alberta, if a complaint is filed in multiple forums, only the employer can apply for a marshalling order.

<p>False (B)</p> Signup and view all the answers

Requiring a driver’s licence for a non-driving job may infringe the Alberta Act or BC Code.

<p>True (A)</p> Signup and view all the answers

It is acceptable to discriminate against someone who speaks English with a non-Canadian accent.

<p>False (B)</p> Signup and view all the answers

An employer does not have to accommodate an individual if it causes undue hardship.

<p>True (A)</p> Signup and view all the answers

The Meiorin case involved a firefighter who lost her job due to a new physical fitness test.

<p>True (A)</p> Signup and view all the answers

Undue hardship is defined as creating a minor inconvenience for the employer.

<p>False (B)</p> Signup and view all the answers

Accommodation must always be provided to individuals regardless of the situation.

<p>False (B)</p> Signup and view all the answers

The Supreme Court of Canada established the undue hardship standard in 1999.

<p>True (A)</p> Signup and view all the answers

The Meiorin case has no relevance to the recruitment and hiring processes.

<p>False (B)</p> Signup and view all the answers

Flashcards

Alberta Preamble's Core Principle

The Alberta preamble emphasizes that everyone has inherent dignity and equal, inalienable rights. This is considered a fundamental principle in Alberta, forming the basis of freedom, justice, and peace.

Equality in Alberta

The Alberta preamble highlights that all individuals in Alberta are equal in dignity, rights, and responsibilities, regardless of their background.

Multiculturalism in Alberta

The Alberta preamble acknowledges the diverse racial and cultural makeup of Alberta society and recognizes its value.

BC Code's Purpose: Inclusion

The BC Code's section 3 aims to promote inclusivity in BC society, ensuring all people have the freedom to fully participate in all aspects of life.

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BC Code's Focus: Respect and Equality

The BC Code emphasizes creating an environment of mutual respect and understanding, where everyone is equal in dignity and rights.

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BC Code's Goal: Preventing Discrimination

The BC Code aims to prevent discrimination based on various grounds, creating a more equitable society.

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Beyond Prevention: Eliminating Inequality

The BC Code goes beyond preventing discrimination, actively seeking to identify and eradicate ingrained patterns of inequality.

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Redress for Discrimination

The BC Code establishes a means of redress for individuals who have been discriminated against, ensuring they can seek remedies.

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Prohibited Grounds of Discrimination in Employment

Protected characteristics that cannot be used as a basis for unfair treatment in employment.

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Employment

A broad category encompassing full-time, part-time, contract, temporary, and probationary work. This also includes volunteer work in some cases.

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Alberta Human Rights Act Section 7

The Alberta Human Rights Act forbids discrimination based on various factors including race, religion, gender, disability, and sexual orientation.

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BC Human Rights Code Section 13

The BC Human Rights Code lists various grounds of discrimination in employment, many resembling those in Alberta, but with additions like political belief and conviction of certain offences.

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Vriend v. Alberta

An event that significantly changed Alberta law by recognizing sexual orientation as a protected ground against discrimination.

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Addition of Sexual Orientation in Alberta

The addition of sexual orientation as a prohibited ground in Alberta's Human Rights Act, which previously excluded it.

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Gender Identity

A legal concept that considers behavior, appearance, and expression related to gender identity.

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Gender Expression

A legal concept encompassing how someone expresses their gender through appearance, mannerisms, and behavior.

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What is an essential job requirement?

A job requirement that is essential for the safe and efficient performance of the job.

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How can discrimination impact hiring?

When an employer uses prohibited grounds of discrimination as a reason for not hiring someone, even if it's just one factor among many.

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Why is a current job description important?

Ensuring a job description is current and accurately reflects the job's demands.

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Why should employers document hiring decisions?

Employers should keep detailed records of all hiring decisions and the reasons behind them.

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What is 'subtle scent of discrimination'?

A work environment where subtle discrimination is pervasive, creating an uncomfortable atmosphere.

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What is 'prohibited ground of discrimination'?

The concept that prohibits discrimination based on various protected characteristics including race, gender, and disability.

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What should employers consider when analyzing a job?

It's important to analyze the essential duties of a job to determine whether a prohibited ground of discrimination is relevant.

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Why is careful documentation important?

Employers should document decisions carefully to defend against claims of discrimination.

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Informal Settlement Discussions

An informal discussion aimed at resolving a human rights issue without involving a formal legal process.

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Mediation

A structured process where a neutral third party assists parties in reaching a settlement.

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Case Management Meeting

A formal meeting held when informal settlement discussions or mediation haven't been successful.

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Human Rights Hearing

A formal hearing where evidence is presented and witnesses are examined. It resembles a court hearing with certain similarities in procedures.

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Human Rights Panel

The group of individuals responsible for making a decision in a human rights case.

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Reconsideration Request

A formal request to reconsider a human rights panel's decision.

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Collective Agreement Grievance

A situation where a human rights complaint falls under a collective agreement's grievance procedure, often handled by an arbitrator, rather than a human rights panel.

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Marshalling Order

A legal order issued by the Alberta Labour Relations Board to decide which forum a complaint should be heard in when it's filed in multiple places.

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Unnecessary Job Requirements

Requiring a driver's license when it's not essential for a job may unfairly exclude people with disabilities who can't obtain one, potentially violating human rights laws.

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Language and Discrimination

If a job needs lots of communication with the public, it's reasonable to require good English skills. However, discriminating against someone with a foreign accent is unacceptable.

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Duty to Accommodate

An employer must make adjustments for individuals or groups affected by job requirements that discriminate based on a prohibited ground, unless it causes significant hardship.

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Undue Hardship

Established by the Meiorin case, this standard determines when accommodating someone's needs would be unreasonable, considering factors like burden and disruption to the business.

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Meiorin Case Significance

This legal precedent set by the Meiorin case clarifies the importance of reasonable accommodation in all employment stages, from hiring to ongoing employment.

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Bona Fide Occupational Qualification

A job requirement that is essential to effectively performing the job, and therefore a valid reason for hiring or promoting a candidate.

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Undue Hardship in Accommodation

An employer may need to make adjustments for someone's disability or religious beliefs, for instance, but they don't have to make unreasonable changes that create a major burden for the business.

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Reasonable Accommodation

This legal standard requires employers to make reasonable adjustments to their policies and practices to ensure that people with disabilities can participate in employment opportunities.

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What does 'colour' mean in human rights?

The term 'colour' in human rights law refers to the colour of a person's skin. It protects people from discrimination based on skin color, including slurs, jokes, stereotypes, and verbal or physical harassment.

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Who is protected under 'gender, gender identity, and gender expression'?

Discrimination on the grounds of gender, gender identity, and gender expression encompasses protection for individuals who identify as male, female, transgender, or along the gender spectrum. It also includes protection for pregnant individuals.

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What does the law say about religious beliefs?

The Alberta Act and BC Code prohibit forcing someone to accept or comply with a specific religious belief or practice. It might also require employers to accommodate religious practices, like prayer breaks.

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How is 'race' defined in human rights?

Race is not defined specifically in the BC or Alberta legislation, but it can be considered as a group of people sharing a common heritage. This could include aspects like colour, place of origin, ethnic origin, or even language.

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What is 'gender expression'?

This concept relates to how someone expresses their gender through their appearance, mannerisms, and behavior. Examples include clothing choices, hairstyles, and personal style.

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What is 'gender identity'?

This concept refers to a person's internal sense of being a woman, a man, both, neither, or somewhere along the gender spectrum. It reflects how someone identifies with their gender.

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What does 'transgender' mean?

The term 'transgender' refers to people who identify as transgender or transsexual and encompasses the definition of gender identity provided by the Ontario Human Rights Commission.

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How does Alberta define 'transgender'?

The Alberta Human Rights Commission defines 'transgender' as individuals who identify as transgender or transsexual, aligning with the Ontario Human Rights Commission's definition of gender identity.

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Study Notes

Learning Outcomes

  • Explain discrimination under the British Columbia Human Rights Code and the Alberta Human Rights Act.
  • Identify prohibited grounds and areas of discrimination in these statutes.
  • Understand the difference between equal pay for equal value and employment equity.
  • Outline remedies available to complainants.
  • State the requirements of human rights legislation during hiring (job ads, applications, interviews).
  • Understand issues with pre-employment testing (medical, drug, and alcohol).
  • Understand implications of human rights legislation during employment (duty to accommodate disability, religion, sex, and family status).

Understanding Discrimination and Human Rights Complaints

  • Discrimination was once legal in Canada under common law, allowing stores, landlords, and employers to discriminate based on factors like race, gender, or marital status.
  • Human rights legislation now prohibits discrimination in employment, services, and accommodation, which are key considerations through the entire employment relationship.
  • Provincial human rights statutes are used for individual and corporate actions.
  • Legislation in Alberta and British Columbia outlines the rights of employees and prohibits discrimination and harassment within workplaces.

What Constitutes Discrimination

  • Discrimination is not explicitly defined in Alberta or BC Codes, but is addressed in court cases which usually involves a three-part test.
  • The three-part test for establishing a prima facie case of discrimination: (1) the complainant has a protected characteristic, (2) they experienced an adverse effect related to employment, and (3) the protected characteristic was a factor in the adverse effect.

Key Features of Human Rights Legislation

  • Both private and public sectors are covered by human rights legislation.
  • No exceptions exist, beyond specific defined grounds.
  • Different provinces have similar but not identical prohibited grounds for discrimination in employment (example listed)
  • Discrimination doesn't need to be intentional, only have a discriminatory effect on individuals or groups.
  • Legislation is remedial, primarily to rectify issues and to compensate victims.

Prohibited Grounds of Discrimination in Employment

  • Specific prohibited grounds for discrimination in employment (listed)
  • Includes race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, family status, and sexual orientation.
  • Some specific grounds may differ between Alberta and British Columbia.

Additional Grounds of Discrimination - Equal Pay for Equal Work

  • Employees performing similar work should be compensated equally.
  • Employers cannot reduce an employee's salary to comply with this section of the legislation.

Additional Grounds of Discrimination - Pay Equity

  • Pay equity, or equal pay for work of equal value, is also defined as evaluating the value of different jobs that may appear dissimilar but are equal.
  • Both Alberta and BC legislation have similar language for equal pay for similar work.

Employee Rights

  • Employers have a duty to accommodate employees' needs, unless this causes undue hardship.
  • If accommodation is impossible without causing undue hardship, the employer is not required to fulfill it.

Additional Grounds of Discrimination

  • Protected grounds of discrimination (listed).
  • Specific examples and how some grounds are broader or narrower in meaning than in the same context in other regions.
  • Legislation is meant to guard against discrimination across various categories.

Harassment

  • Harassment is conduct of a prohibited sex or gender in the workplace or other specified protected grounds.
  • Examples of behaviour classified as harassment (listed).
  • Employer liability is considered, whereby an organization can be held liable for the actions of their employees.

Employer Responsibilities

  • Employers are responsible for taking reasonable measures to investigate any complaints of harassment.
  • Procedures, policies, and protocols of handling complaints, resolving disputes, and enforcing rights should be clearly defined within organizational systems.

Discrimination, Hiring and Recruitment

  • Job descriptions should accurately reflect the job's essential requirements.
  • Testing for job candidates is only allowed under specific conditions, and must be done in a way that does not discriminate.
  • Employers are prohibited from making inquiries about an applicant’s protected status.
  • Interviews and applicant forms should not discriminate on the basis of protected status and must be handled appropriately and objectively to avoid complaints.

Pre-Employment Medical/Fitness Examinations, Drug and Alcohol Testing

  • Medical tests are only valid after a conditional job offer to ensure validity and alignment with job needs.
  • Employees can be required to undergo drug or alcohol testing in specific contexts, but not for all jobs.
  • The testing must be handled in a manner that respects an employee's rights, privacy, and dignity.

Employer Terminations

  • Employer terminations must be justifiable, reasonable, and avoid discrimination on the basis of a protected ground.

Employer Terminations - Accommodating Employees

  • The duty to accommodate, as well as the need to justify specific standards, are two essential aspects for justifying terminations.
  • Reasonable accommodation is a necessary part of employment.
  • Bona fide occupational requirement (BFOR).

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Human Rights Issues PDF

Description

Test your knowledge on the human rights codes in Alberta and British Columbia, focusing on equality, multiculturalism, and discrimination. This quiz highlights key principles and legislative specifics that define the rights and dignity of all individuals in these provinces.

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