Discrimination Law and Remedies Quiz
48 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary goal of a 'make whole' remedy?

To restore the individual to the position they would have been in if they had not suffered the wrong or injury.

Define compensatory damages and provide an example.

Compensatory damages are intended to compensate the plaintiff for actual losses or expenses incurred; an example is medical expenses.

What are the three components involved in establishing prima facie discrimination?

The three components are: identifying a protected ground, determining adverse impact, and establishing a causal link.

How do general damages differ from special damages?

<p>General damages are awarded for non-monetary losses, such as pain and suffering, while special damages are for specific, quantifiable losses.</p> Signup and view all the answers

What must an employer demonstrate in the justification step if prima facie discrimination is established?

<p>The employer must justify the discriminatory action or policy.</p> Signup and view all the answers

What purpose do punitive damages serve in the legal system?

<p>Punitive damages are intended to punish the defendant for their actions, rather than compensate the plaintiff.</p> Signup and view all the answers

What does the term BFOR stand for, and what does it signify in the context of discrimination?

<p>BFOR stands for Bona Fide Occupational Requirement, signifying a genuine requirement for the job.</p> Signup and view all the answers

Explain the concept of nominal damages.

<p>Nominal damages are a small amount awarded to acknowledge a technical injury or infringement of rights.</p> Signup and view all the answers

What is 'undue hardship' in the context of an employer's defense against failure to accommodate?

<p>Undue hardship refers to conditions where accommodating an employee would impose significant financial costs, health risks, or interfere with operational requirements.</p> Signup and view all the answers

What is the primary purpose of the Parol Evidence Rule?

<p>The primary purpose is to prevent fraud and misrepresentation by limiting the introduction of extrinsic evidence.</p> Signup and view all the answers

Under what circumstances can extrinsic evidence be introduced despite the Parol Evidence Rule?

<p>Extrinsic evidence can be introduced if the written contract is ambiguous or uncertain.</p> Signup and view all the answers

Provide an example of aggravated damages.

<p>Aggravated damages are awarded for intentional infliction of emotional distress or particularly egregious conduct.</p> Signup and view all the answers

What are the three main factors that can qualify as undue hardship for an employer?

<p>The three factors are significant financial costs, health and safety risks, and interference with operational requirements.</p> Signup and view all the answers

What role does reasonable accommodation play in the two-step model of analyzing discrimination?

<p>Reasonable accommodation requires employers to meet an employee's needs to the point of undue hardship.</p> Signup and view all the answers

List two outcomes that the Parol Evidence Rule aims to promote.

<p>The rule promotes certainty and finality in contracts.</p> Signup and view all the answers

Identify a protected ground that can be a basis for prima facie discrimination.

<p>Race is one example of a protected ground.</p> Signup and view all the answers

What may an employment contract specify regarding severance pay?

<p>It may specify a notice period or provide for a certain amount of severance pay.</p> Signup and view all the answers

What damages may an employer be liable for if they fail to provide reasonable notice of termination?

<p>The employer may be liable for damages equivalent to the salary and benefits the employee would have received during the reasonable notice period.</p> Signup and view all the answers

What is the primary focus of the Salmon Test in relation to employer policies?

<p>The test focuses on determining whether an employer’s policy discriminates against employees based on protected grounds.</p> Signup and view all the answers

In the Salmon Test, what is the first step in analyzing a potentially discriminatory policy?

<p>The first step is determining whether the policy is discriminatory and has an adverse impact based on protected grounds.</p> Signup and view all the answers

List three prohibited grounds of discrimination in the workplace.

<p>Race, gender identity, and disability.</p> Signup and view all the answers

How does the Salmon Test impact the analysis of discrimination in human rights law?

<p>It establishes a framework for analyzing discrimination and emphasizes considering historical disadvantage.</p> Signup and view all the answers

What is an employer's duty in relation to accommodating employees with disabilities?

<p>Employers must accommodate employees unless it causes undue hardship.</p> Signup and view all the answers

What types of damages are classified as compensatory in wrongful termination scenarios?

<p>Compensatory damages restore the injured party's lost wages and benefits.</p> Signup and view all the answers

What must an employer prove according to the Salmon Test when justifying a discriminatory policy?

<p>The employer must provide a valid justification, demonstrating that the policy is rationally connected to a legitimate business goal.</p> Signup and view all the answers

What criteria must an employer meet to claim undue hardship?

<p>The accommodation would cause significant financial or operational hardship.</p> Signup and view all the answers

In assessing a potentially discriminatory policy, what should be taken into account regarding the rights of affected employees?

<p>It is essential to assess whether the policy minimally impairs the rights of affected employees.</p> Signup and view all the answers

What are employers required to provide under occupational health and safety legislation?

<p>A safe workplace.</p> Signup and view all the answers

Explain the role of the Internal Responsibility System in workplace safety.

<p>It assigns roles and responsibilities to employers, supervisors, and employees for maintaining safety.</p> Signup and view all the answers

What is the significance of collective bargaining in labour relations?

<p>It is the negotiation process between a union and employer to create a collective agreement.</p> Signup and view all the answers

What is a grievance procedure?

<p>It is a process for resolving disputes related to the collective agreement.</p> Signup and view all the answers

Differentiate between a strike and a lockout.

<p>A strike is initiated by employees to demand concessions, while a lockout is employer-enforced to pressure employees.</p> Signup and view all the answers

What are the conditions under which punitive damages may be awarded against an employer in Canada according to Honda Canada Inc. v. Keays?

<p>Punitive damages may only be awarded in exceptional cases where the employer's conduct is malicious, oppressive, or high-handed.</p> Signup and view all the answers

What was the significance of the judgment in Wallace v. United Grain Growers Ltd. regarding employer conduct?

<p>The judgment established a new category of damages called 'Wallace damages' for bad faith conduct by employers during the termination process.</p> Signup and view all the answers

In the context of discrimination, what does indirect discrimination mean?

<p>Indirect discrimination refers to policies that appear neutral but disproportionately affect certain groups.</p> Signup and view all the answers

What was the primary purpose of setting maximum work hours during the Great Depression?

<p>To prevent worker exploitation and ensure time for rest and leisure.</p> Signup and view all the answers

How have the labor laws introduced during the Great Depression impacted modern employment standards in Canada?

<p>They have influenced the development of minimum wage laws, labor protections, and workplace safety regulations.</p> Signup and view all the answers

What is the legal obligation of an employer regarding the duty to accommodate employees?

<p>Employers are legally obligated to modify work conditions for employees with disabilities or other protected characteristics.</p> Signup and view all the answers

What are the Bardal Factors used for in employment law?

<p>They provide a framework for determining the reasonable notice period an employer must give to an employee upon termination.</p> Signup and view all the answers

What defenses can employers use against accommodation requests?

<p>Employers can claim undue hardship or safety concerns as defenses against accommodation requests.</p> Signup and view all the answers

Identify and explain one of the Bardal Factors that affects the notice period upon termination.

<p>The employee's age is a significant factor; older employees may be entitled to longer notice periods.</p> Signup and view all the answers

How has the Honda v. Keays decision impacted the ability of employees to claim punitive damages?

<p>The decision has made it more difficult for employees to obtain punitive damages in wrongful dismissal cases.</p> Signup and view all the answers

Why is the length of service an important Bardal Factor?

<p>Longer-serving employees may be entitled to longer notice periods, recognizing their loyalty and contribution to the company.</p> Signup and view all the answers

What are 'Wallace damages' intended to compensate for?

<p>Wallace damages are intended to compensate employees for bad faith conduct by their employers during the termination process.</p> Signup and view all the answers

Why do minimum wage regulations vary by jurisdiction?

<p>Minimum wage regulations vary by jurisdiction due to differing economic conditions and legal frameworks in different areas.</p> Signup and view all the answers

How does the nature of the position influence the Bardal Factors?

<p>It considers the type of job and level of responsibility; senior or specialized employees may be entitled to longer notice periods.</p> Signup and view all the answers

Explain how the availability of similar employment affects the notice period according to the Bardal Factors.

<p>If similar employment opportunities are scarce, the employee may be entitled to a longer notice period.</p> Signup and view all the answers

What lasting impact did the Bardal Factors have on employment law in Canada?

<p>They have provided a standardized framework for determining reasonable notice periods in termination cases.</p> Signup and view all the answers

Flashcards

Parol Evidence Rule

A legal principle that prevents changing the terms of a written contract with outside information.

Adverse Impact

An employer's actions or policies that negatively impact a protected group.

Bona Fide Occupational Requirement (BFOR)

A legal defense used by employers to justify discriminatory actions. They must prove the action is essential for the job and can't be reasonably accommodated.

Prima Facie Discrimination

This involves examining whether an employer's decision was based on a protected characteristic, such as race or gender, leading to a negative impact.

Signup and view all the flashcards

Causal Link

The connection between a protected characteristic and a negative outcome. This helps establish that discrimination is a likely cause.

Signup and view all the flashcards

Protected Ground

Characteristics protected by law that cannot be used for discriminating against employees, e.g., race, sex, disability, age.

Signup and view all the flashcards

Two-step model for analyzing human rights at work

This model assesses employment discrimination complaints in two steps: first, determining if discrimination occurred; and second, if the employer can justify it.

Signup and view all the flashcards

Reasonable Accommodation

Adjustments made by employers to overcome challenges faced by employees due to protected characteristics, to the point where it's not an unreasonable burden.

Signup and view all the flashcards

Compensatory Damages

Damages intended to compensate the plaintiff for actual losses or expenses incurred.

Signup and view all the flashcards

General Damages

Damages awarded for non-monetary losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.

Signup and view all the flashcards

Special Damages

Damages awarded for specific, quantifiable losses, such as lost profits or earnings.

Signup and view all the flashcards

Punitive Damages

Damages intended to punish the defendant for their actions, rather than compensate the plaintiff.

Signup and view all the flashcards

Nominal Damages

A small amount of damages awarded to acknowledge a technical injury or infringement of rights.

Signup and view all the flashcards

Aggravated Damages

Damages awarded for particularly egregious or reprehensible behavior by the defendant.

Signup and view all the flashcards

Undue Hardship (Defense to Accommodation)

An employer may defend against a claim of failure to accommodate by arguing that accommodating the employee would cause undue hardship.

Signup and view all the flashcards

Health and Safety Risks (Undue Hardship)

Accommodating the employee would create health and safety risks for the employee or others in the workplace.

Signup and view all the flashcards

Bardal Factors

A set of legal factors developed in the Bardal v. Globe and Mail case to determine the reasonable notice period an employer must provide upon termination of employment.

Signup and view all the flashcards

What are the Bardal Factors?

Age, length of service, nature of the position, and availability of similar employment are all considered when determining reasonable notice.

Signup and view all the flashcards

How does length of service affect reasonable notice?

The length of time an employee has worked for a company, a crucial factor in calculating reasonable notice.

Signup and view all the flashcards

How does the nature of the position affect reasonable notice?

The more specialized and senior the position, the longer the notice period might be.

Signup and view all the flashcards

How does availability of similar employment affect reasonable notice?

The easier it is to find a similar job, the shorter the notice period might be.

Signup and view all the flashcards

Great Depression Labor Laws

Laws established during the Great Depression aimed at protecting workers' rights and establishing minimum standards in the workplace.

Signup and view all the flashcards

How do Great Depression Labor Laws protect workers' rights?

Ensuring fair treatment and safe working conditions by safeguarding workers' rights and interests.

Signup and view all the flashcards

What was the social impact of Great Depression Labor Laws?

Promoting social justice by addressing issues like child labor, exploitation, and workplace safety.

Signup and view all the flashcards

Duty to Accommodate

Employer's responsibility to make adjustments for employees with disabilities, unless it creates a significant burden.

Signup and view all the flashcards

Undue Hardship

When accommodating an employee with a disability would cause significant financial or operational difficulties for the employer.

Signup and view all the flashcards

Prohibited Grounds of Discrimination

Laws that protect employees from discrimination based on specific personal characteristics.

Signup and view all the flashcards

Occupational Health and Safety Legislation

Laws that govern workplace health and safety.

Signup and view all the flashcards

Workplace Hazardous Materials Information System (WHMIS)

National standard for managing hazardous materials in the workplace.

Signup and view all the flashcards

Collective Agreement

A contract between an employer and a union that outlines employment conditions.

Signup and view all the flashcards

Grievance Procedure

Process for resolving disputes between an employer and union over the collective agreement.

Signup and view all the flashcards

Arbitration

Neutral third-party decision-maker who resolves grievances.

Signup and view all the flashcards

Punitive Damages in Wrongful Dismissal

Punitive damages are awarded when an employer has acted in a malicious, oppressive, or high-handed way during termination, exceeding simple negligence.

Signup and view all the flashcards

Wallace Damages

These damages are awarded to compensate employees for the bad faith conduct of their employers during termination. It can be more than just financial loss.

Signup and view all the flashcards

Indirect Discrimination

Policies that appear neutral but disproportionately affect certain groups, like height requirements that impact women more than men.

Signup and view all the flashcards

Minimum Wage

Minimum wage is the lowest legal wage an employer can pay workers. It varies depending on the jurisdiction.

Signup and view all the flashcards

Employer's Good Faith Duty

Employers must act in good faith when terminating an employee. This includes providing reasonable notice, following fair procedures, and communicating honestly.

Signup and view all the flashcards

What is the Salmon Test?

A legal test used to determine if a company's policy violates someone's human rights.

Signup and view all the flashcards

What is a discriminatory policy?

A policy that negatively affects people based on their protected characteristics like race, sex, disability, etc.

Signup and view all the flashcards

What is a valid justification for a policy?

The employer has a good reason for their policy and it's necessary for their business goals.

Signup and view all the flashcards

What is rational connection in the Salmon Test?

The policy must be directly related to the company's goal. It must be the best way to achieve that goal.

Signup and view all the flashcards

What is minimal impairment in the Salmon Test?

The company must try their best to keep their policy from harming people's rights. It should only affect them minimally.

Signup and view all the flashcards

How does the Salmon Test help understand human rights?

It established a framework for evaluating if policies are discriminatory. It helps determine fairness.

Signup and view all the flashcards

What is historical disadvantage in the Salmon Test?

The test takes into account historical issues faced by certain groups, acknowledging past injustices.

Signup and view all the flashcards

How does the Salmon Test help companies justify policies?

The test offers guidance on when a company can justify a discriminatory policy, outlining key factors to consider.

Signup and view all the flashcards

Study Notes

Exam Overview

  • Format: 54 multiple-choice, 5 short answer (choose 4)
  • Duration: 2 hours
  • Total Marks: 66
  • Focus Areas: Required readings, course modules, previous assignments

Important Terms and Definitions

  • Frustration of Contract: A contract is terminated when a supervening event makes performance impossible.
  • Vicarious Liability: An employer is held liable for the actions of their employees, even if they didn't authorize them.
  • Duty to Accommodate: Employers must accommodate employees' disabilities or other needs, unless it causes undue hardship.
  • Reasonable Notice: The amount of time an employer must provide to an employee before termination, unless there is cause.
  • Wrongful Dismissal: Termination that breaches employment contract terms or reasonable notice period.

Important Case Law

  • Entrop v. Imperial Oil Limited: Age, length of service, and position are important factors in determining reasonable notice for termination.
  • Bardal v. Globe & Mail Ltd.: Age, length of service, position, and industry are factors used to determine reasonable notice periods.
  • Wallace v. United Grain Growers Ltd.: Damages for wrongful dismissal should include compensation for time to find new employment and other losses like pensions.
  • Ceccol v. Gymnastic Federation: Employers have a duty to act in good faith when terminating employees, avoiding conduct that could harm the employee's reputation.
  • Belton v. Liberty Insurance Co. of Canada: Employers must act in good faith and fairly during termination procedures. Misrepresenting reasons and not providing proper notice can be considered breaches of this duty.
  • 671122 Ontario Ltd. v. Sagaz Industries Canada Inc. Employers must act in good faith and fairly during termination. False or misleading statements regarding termination breach the duty of good faith and fair dealing.
  • Doc v. Fight Network Inc.: Employers must act in good faith and provide proper notice of termination. False statements about the reason for termination and lack of notice are breaches.
  • Renaud v. Central Okanagan School District: Employers have a duty of good faith and fair dealing in termination procedures; these include procedural fairness, just cause, and transparency or "bad faith". Termination without good reason will have implications under the law.

Parol Evidence Rule

  • Definition: Extrinsic evidence cannot contradict or alter written contracts.
  • Purpose: Prevents fraud, promotes certainty, and avoids conflicting evidence.
  • Exceptions: Ambiguity, fraud, prior or contemporaneous agreements, and subsequent agreements.

Make Whole Remedy

  • Definition: A remedy that restores an individual to the position they would have been in if a wrong had not been committed.
  • Purpose: To compensate for losses or damages and restore the status quo ante.
  • Types: Compensatory damages (monetary), reinstatement (to former position), and equitable remedies.

Types of Damages

  • Compensatory: Compensate for losses (e.g., medical expenses, lost wages).
  • General: Compensate for non-monetary losses (e.g., pain and suffering, emotional distress).
  • Special: Compensate for quantifiable losses (e.g., lost profits, expenses).
  • Punitive: Punish the defendant for egregious conduct (e.g., fraud).
  • Nominal: Acknowledge a technical injury (e.g., minor contract breach).
  • Aggravated: Compensate for particularly egregious behavior (inflicting emotional distress).
  • Undue Hardship: Financial costs, health and safety risks, and operational requirements associated with accommodation.

The Meiron Test (BFOR)

  • Origin: Meiron v. Canada case.
  • Purpose: Framework to determine if a policy or requirement is a legitimate, necessary, and rational consideration.
  • 3-part test: Rational connection to required job performance; no less demonstrably effective means available; reasonable accommodation up to undue hardship.

Dependent vs. Independent Contractors

  • Distinction Criteria: Control over work; provision of tools/equipment; financial risk and opportunity; factors in distinguishing dependent and independent contractors.

Progressive Discipline

  • Concept: A series of escalating disciplinary actions.
  • Steps: Verbal warning, written warning, suspension, termination

Employment Contracts and Terms

  • Frustration of Contract: Contract ends due to unforeseen events impacting performance (e.g., disability, natural disasters)

Restrictive Covenants

  • Types: Non-compete clauses, non-solicitation clauses, confidentiality agreements
  • Enforcability Factors: Reasonableness in scope, duration, geography

Summary Dismissal vs. Wrongful Termination

  • Summary Dismissal: Immediate termination due to serious misconduct.
  • Wrongful Termination: Termination without just cause or without reasonable notice.

Reasonable Notice

  • Definition: The proper amount of time given to an employee before termination.
  • Factors: Length of service, employee's age, nature of position, industry, availability of similar employment.

Salmon Test

  • Background: Establishes framework for determining if an employer's policy is discriminatory.
  • Steps: Identify if the policy has an adverse impact on employees based on protected grounds; assess if the policy perpetuates historical disadvantage; determine if the employer has a legitimate reason for the policy and whether it is necessary for the goal or if there are less discriminatory options; evaluate if the policy minimally impairs employees' rights.
  • Minimum Wage Regulations: Legal requirements and historical context.
  • Pepita v. Commissioner of Employment Standards: Case involving part-time vs. full-time employee wage entitlements.

Additional Topics

  • Intentional Torts in Employment: Defamation, intentional infliction of emotional distress affecting employment.
  • Ancillary Contract Terms: Bonus structures, benefits clauses that support employment contracts.

Case Application Tips

  • Practice applying legal tests to hypothetical scenarios
  • Identify key facts and match the facts to relevant cases and concepts

Study Tips

  • Focus on key cases' details (names, key issues, outcomes)
  • Summarize important chapters
  • Practice applying relevant tests and principles to examples

Studying That Suits You

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

Quiz Team

Related Documents

EMPR210 Study Guide PDF

Description

Test your understanding of key concepts in discrimination law and the remedies available. This quiz covers damages, prima facie discrimination, and the Parol Evidence Rule, among other essential topics. Prepare to explore the nuances of legal terminology and the implications of various types of damages.

More Like This

Use Quizgecko on...
Browser
Open
Browser
Browser