Part1 F2024 Quiz 1

Questions and Answers

What is the term for laws passed by the federal or provincial/territorial government?

Common law

Judicial decisions

Regulations

Statute law (correct)

What is required for a bill to become a statute in Ontario?

A referendum of citizens

A majority of public opinion

Three readings in the legislature (correct)

Approval from the Cabinet only

Which type of bills are introduced by private members and may deal with public matters?

Supplementary bills

Emergency bills

Public bills

Private members’ bills (correct)

Which of the following is NOT a key employment statute in Ontario?

Corporate Tax Act Signup and view all the answers

What must occur for a bill to formally become a law after passing through the legislature?

It must receive Royal Assent Signup and view all the answers

Which act primarily sets out the minimum standards for working conditions in Ontario?

Employment Standards Act, 2000 Signup and view all the answers

Regulations associated with statutes serve what function?

They provide detailed rules under a statute's authority. Signup and view all the answers

Which type of legislation affects employment relationships by prohibiting discrimination?

Anti-discrimination legislation Signup and view all the answers

What does Alberta's Human Rights Code prohibit in the workplace?

Discrimination based on 16 grounds and harassment Signup and view all the answers

Under Alberta's Human Rights Code, which of the following statements is true?

The Code applies to every stage of the employment relationship. Signup and view all the answers

Which of the following is an example of a situation where discrimination may be allowed under the Human Rights Code?

Bona Fide Occupational Qualifications Signup and view all the answers

Regarding the Alberta Human Rights Code, which statement about civil remedies is accurate?

The Code supports civil remedies, not criminal penalties. Signup and view all the answers

What occurs if there is a conflict between the provisions of the Human Rights Code and another statute?

The Code prevails unless stated otherwise. Signup and view all the answers

What aspect of employment does the Alberta Human Rights Code protect?

Job applicants and existing employees Signup and view all the answers

Which of the following is NOT a ground for discrimination explicitly mentioned in the Human Rights Code?

Performance reviews Signup and view all the answers

The Alberta Human Rights Code is considered what type of legislation?

Remedial legislation Signup and view all the answers

Which federal statute focuses specifically on the protection of personal information in electronic documents?

Personal Information Protection and Electronic Documents Act (PIPEDA) Signup and view all the answers

What significant employment perspective does section 15 of the Canadian Charter of Rights and Freedoms provide?

Equality rights Signup and view all the answers

What does the principle of 'stare decisis' entail within the common law system?

Higher court decisions must be followed by lower courts. Signup and view all the answers

Which choice describes tort law in the context of employment law?

Covers civil wrongs and provides remedies. Signup and view all the answers

Which of the following laws is primarily aimed at preventing discrimination in the workplace?

Employment Equity Act Signup and view all the answers

What type of law primarily governs the terms and conditions of non-union employment contracts?

Contract law Signup and view all the answers

What is the effect of section 33 of the Canadian Charter of Rights and Freedoms?

It allows the government to override certain rights temporarily. Signup and view all the answers

Which branch of law could lead to a legal claim for deliberate harm in the workplace?

Tort law Signup and view all the answers

What role do administrative tribunals play in employment law?

They make decisions in specialized areas such as employment standards. Signup and view all the answers

How is an independent contractor defined in relation to employment?

An independent contractor can be considered an employee for wrongful dismissal actions. Signup and view all the answers

What does the Digital Platform Workers’ Rights Act, 2022 aim to address?

It provides protections for gig workers in digital platform work. Signup and view all the answers

What is the key purpose of provincial and territorial human rights statutes?

To protect against discrimination in key social areas. Signup and view all the answers

What does the Meiorin three-part test evaluate in employment law?

The validity of a requirement as a bona fide occupational requirement (BFOR). Signup and view all the answers

Which of the following statements is true about discrimination laws?

Discrimination laws have expanded to include more types of acts. Signup and view all the answers

Which of the following is NOT a component of the Meiorin test?

Was there a financial benefit for the employer? Signup and view all the answers

What is considered an agent in employment law?

Someone who represents another person in dealings with a third party. Signup and view all the answers

What must employers prove when claiming undue hardship in accommodation efforts?

On a balance of probabilities Signup and view all the answers

Why is it considered best practice to broadly advertise job positions?

To attract qualified candidates from protected groups Signup and view all the answers

Which of the following statements is TRUE regarding employment agencies?

They must comply with all human rights requirements. Signup and view all the answers

When can employers ask about prohibited grounds during interviews?

Only for positions with a bona fide occupational requirement Signup and view all the answers

What is a potential issue with pre-employment alcohol and drug testing?

It may inadvertently discriminate against individuals with substance dependencies. Signup and view all the answers

When should requests for candidates' inclusion in a protected class be made?

After a conditional offer of employment has been made Signup and view all the answers

What is the stance on candidates who are considered overqualified?

They should not be automatically disqualified. Signup and view all the answers

What type of testing is acceptable during the hiring process?

Tests that measure job-related skills only Signup and view all the answers

Study Notes

Overview of Alberta’s Human Rights Code

Applies to private and public sectors, encompasses individual conduct.
Prohibits discrimination based on 16 grounds including sexual harassment.
Discrimination effects are significant, regardless of intent.
Cannot contract out of the Code; it prevails over conflicting statutes unless specifically exempted.
Covers all employment stages, including recruitment, and is deemed remedial legislation.
Exemptions exist for special services, bona fide occupational qualifications, and affirmative action programs.

Employment Relationship Protections

Protects job applicants alongside current employees against discriminatory practices.
Discriminatory grounds can be a factor in decisions even if not the primary reason.
Employers must clearly define job essential duties in advertisements.

Sources of Employment Law

Statutory law includes legislation passed by government, affecting both unionized and non-unionized employees.
Employment statutes set minimum working standards and include anti-discrimination laws.
Statutes become law through three readings in the legislature and Royal Assent.

Key Legislative Acts in Ontario

Employment Standards Act, 2000 governs general employee rights.
Other significant acts include Human Rights Code and Occupational Health and Safety Act.
Federal laws govern industries of national importance, such as the Canada Labour Code.

Rights under the Canadian Charter

The Charter influences employment law indirectly through governmental actions.
Section 15 guarantees equality rights; Section 33 allows limited government exemptions from certain rights.

Common Law in Employment

Developed from court decisions; operates on precedent and stare decisis.
Contract law regulates non-union employment terms; tort law addresses civil wrongs.

Judicial Framework

Administrative tribunals address specialized employment issues, such as discrimination complaints.

Defining the Employment Relationship

Status can differ for tax purposes vs. wrongful dismissal (e.g., independent contractors).
Digital Platform Workers’ Rights Act, 2022, offers protections for gig economy workers.

Recruitment, Selection, and Hiring Practices

All job applicant actions are protected under human rights legislation.
Employers should avoid qualifications that exclude protected groups.
Prohibited questions regarding protected grounds should be avoided in applications and interviews.
Requests for personal information should occur post-conditional job offers, as should medical examinations.
Pre-employment drug testing may be discriminatory due to substance dependency classifications; job-related skills testing is acceptable.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz explores the key features of Alberta's Human Rights Code as it applies to both private and public sectors. It addresses discrimination in employment, including the 16 protected grounds and the prohibition of sexual harassment. Understand the impact of intent versus effect in discrimination cases.