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What may happen if an employee is induced to leave their prior job and is later dismissed?
Which of the following is NOT a prohibited ground for discrimination under Alberta's Human Rights Code?
What type of harassment is specifically prohibited by Alberta's Human Rights Act?
Does intent to discriminate matter under the Alberta Human Rights Act?
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Which stage of the employment relationship does the Alberta Human Rights Code apply to?
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What is a necessary condition for discrimination to be found under the Alberta Human Rights Code?
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Which of the following defines Bona Fide Occupational Qualifications as per Alberta's Human Rights Act?
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What is the primary purpose of Alberta's Human Rights Act?
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What may justify dismissal for cause regarding job candidates?
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What type of misrepresentation could lead an employer to be liable for damages?
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What should employers ensure about information given at the pre-employment stage?
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What should be included in a written employment contract?
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What should interviewers refrain from doing at job interviews?
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What should interviewers do to prepare for job interviews?
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What type of questions are prohibited on job applications?
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When can employers include questions related to prohibited grounds in interviews?
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What type of testing may be considered discriminatory in the hiring process?
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What should employers do if a candidate tests positive for substances?
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What is acceptable regarding tests that measure job-related skills?
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What is an automatic screening practice that employers should avoid?
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What has human rights legislation in Canada expanded to include beyond intentional acts of discrimination?
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Who may be considered an independent contractor for tax purposes but an employee in wrongful dismissal cases?
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Which of the following testimonies may be included as valid in a human rights complaint?
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What do provincial and territorial human rights statutes restrict?
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Which of the following best defines a Bona Fide Occupational Requirement (BFOR)?
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What key aspect does the Digital Platform Workers’ Rights Act, 2022 aim to address?
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How does human rights legislation in Canada primarily impact corporations?
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What type of laws typically set minimum standards for working conditions?
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Which type of bills are introduced by private members rather than Cabinet ministers?
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What are regulations in the context of employment law?
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Which of the following is NOT a key Alberta employment statute?
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Which of the following statements is true about discrimination under human rights legislation?
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What is the best practice regarding job advertisements?
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Which of the following questions can be included in job applications?
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When should requests for protected class information be made?
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What type of pre-employment testing may be considered discriminatory?
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What should employers do if a candidate tests positive for substances?
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Which practice should employers avoid during the recruitment process?
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What are employment agencies required to comply with?
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How should advertisements be structured regarding qualifications?
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Statute law refers to laws passed by the federal or provincial governments.
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All employee rights from statutes only apply to unionized employees.
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Regulations are the same as statutes and do not require additional authority.
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Federal employment law is governed by the Constitution Act, 1867 and is limited to industries of national importance.
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Common law is developed through court decisions and operates on the basis of precedent.
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Tort law only covers criminal acts related to employment.
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Employers have a duty to accommodate to the point of undue hardship.
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Employers may ask about prohibited grounds during interviews if relevant to a BFOR.
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Pre-employment medical exams should be conducted before a conditional offer of employment.
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Testing for job-related skills must avoid discriminatory requirements.
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Study Notes
Overview of Alberta’s Human Rights Code
- Applicable to both private and public sectors, covering individual conduct.
- Prohibits discrimination in employment on 16 specified grounds and sexual harassment.
- Effect of discrimination is prioritized over intent; intent to discriminate is not necessary.
- Cannot contract out of the Code; it provides civil remedies rather than criminal penalties.
- In the event of conflicts between the Code and other statutes, the Code prevails unless explicitly stated otherwise.
- Encompasses all stages of employment, including recruitment.
Exemptions to the Code
- Special service organizations may have exemptions from the Code.
- Bona Fide Occupational Qualifications (BFOQ) can justify certain employment practices.
- Employment decisions may be justified if they are reasonable, justifiable, or cause "undue hardship" for employers.
- Affirmative action programs may allow for specific exemptions related to discrimination.
Recruitment, Selection, and Hiring
- Protects both job applicants and existing employees from discriminatory practices.
- Discrimination is recognized even if it is not the sole reason for employment decisions.
- Employers must clearly define essential job duties and accommodations must stretch to the point of undue hardship.
- Employment agencies must adhere to all human rights standards.
- Best practices include broad job advertisements and avoiding exclusionary qualifications.
Interviewing and Application Process
- Applications must not contain questions that classify candidates based on prohibited grounds.
- Interviews should only include questions on prohibited grounds if relating to BFOR/BFOQ exemptions.
- Offer conditions or requests for protected class information should be delayed until after a conditional job offer.
- Substance dependencies are viewed as disabilities, impacting pre-employment testing for alcohol and drugs.
Common Law Liability in Hiring Practices
- Employers are liable for negligent misrepresentation if they mislead prospective employees.
- Employers should ensure all employment information provided is accurate, avoiding speculation during interviews and confirming job descriptions.
- Inducement of candidates can lead to higher wrongful dismissal damages if later terminated.
- Care must be taken in creating employment contracts to prevent conflicts and clarify obligations.
Restrictive Covenants
- Restrictive covenants are designed to limit employees' abilities to compete or solicit after leaving an employer.
- Non-competition clauses have limitations under recent amendments to the Employment Standards Act.
Anticipatory Breach of Contract
- An anticipatory breach occurs when an employer repudiates an accepted job offer before employment starts, requiring the employee to show contract acceptance and resultant damages.
Background Checking
- Negligent hiring claims can arise if an employer fails to adequately verify a candidate's information, leading to foreseeable harm by the hired individual.
Judicial Framework
- Administrative tribunals handle decisions in areas like employment standards and discrimination.
- Administrative agencies are authorized to investigate complaints and issue rulings.
Defining the Employment Relationship
- An individual may be classified as an independent contractor for tax but as an employee in wrongful dismissal cases.
- The Digital Platform Workers’ Rights Act (2022) will provide protections for gig workers in digital platforms.
- An agent represents another party in dealings with a third party.
Human Rights Legislation
- Provincial and territorial human rights statutes apply to individual actions and corporate behavior.
- Every jurisdiction in Canada has laws prohibiting discrimination in key social areas.
- The definition of discrimination has expanded beyond intentional acts.
Meiorin Three-Part Test
- Establishes rules for a bona fide occupational requirement (BFOR) or bona fide occupational qualification (BFOQ):
- Rule connected to job performance?
- Adopted with honest belief of necessity for legitimate purpose?
- Reasonable necessity exists without undue hardship for the employer?
Sources of Employment Law
- Statute law includes legislation passed by federal and provincial/territorial governments.
- Employee rights in statutes apply to both unionized and non-unionized employees.
- Employment statutes set minimum working conditions and enforce anti-discrimination.
Statute Creation Process
- Bills must pass three readings in the legislature to become statutes.
- Public bills are introduced by Cabinet ministers; private members’ bills can also address public matters.
- A bill is formally enacted once it receives Royal Assent.
Key Ontario Employment Statutes
- Employment Standards Act, 2000
- Human Rights Code
- Labour Relations Act, 1995
- Occupational Health and Safety Act
- Workplace Safety and Insurance Act, 1997
- Pay Equity Act
- Accessibility for Ontarians with Disabilities Act, 2005
Recruitment, Selection, and Hiring
- Employment agencies must comply with human rights laws.
- Job ads should avoid discouraging or excluding protected groups.
- Application questions must not classify candidates by prohibited grounds.
- Information requests disclosing protected class status should be made post-conditional offer.
- Pre-employment medical exams should happen after a conditional job offer.
Substance Dependencies and Testing
- Pre-employment drug and alcohol testing may be discriminatory; accommodations are necessary.
- Job-related skill tests are acceptable if not discriminatory.
Areas of Common Law Liability
- Induced employees dismissed may receive larger compensation for wrongful dismissal.
- Honesty about job roles and future prospects is crucial in employment contracts.
- Restrictive covenants limit competition and solicitation but have specific legal restrictions as of 2021.
Anticipatory Breach of Contract
- A breach occurs when the employer repudiates the contract after acceptance but before employment initiation.
- An employee must prove the acceptance and resulting damages in such cases.
Negligent Hiring
- Employers risk liability if they fail to verify candidate information leading to foreseeable harm.
- Verification of specific qualifications, such as degrees, is essential.
- Credit checks require compliance with the Consumer Reporting Act.
Background Checks and Procedures
- Candidates must consent to police record checks.
- Caution is advised for using social media searches due to the potential for incorrect information.
Types of Employment Relationships
- Employees can be permanent, temporary, casual, agency workers, or temporary foreign workers.
- Employment statutes typically do not differentiate between employee types in Ontario.
- Temporary employees lack entitlements to notice or payout for termination.
Sources of Employment Law
- Statute law comprises laws enacted by federal or provincial/territorial governments, impacting both unionized and non-unionized employees.
- Employment statutes establish minimum workplace standards and may include anti-discrimination provisions.
- Statutes become law (statutes) after passing three readings in the legislature and receiving Royal Assent.
- Regulations provide specific rules derived from statutes, often detailing aspects like minimum wages.
Key Statutes in Ontario
- Important employment statutes include:
- Employment Standards Act, 2000
- Human Rights Code
- Labour Relations Act, 1995
- Occupational Health and Safety Act
- Workplace Safety and Insurance Act, 1997
- Pay Equity Act
- Accessibility for Ontarians with Disabilities Act, 2005
Federal Employment Law
- Governed by the Constitution Act, 1867, applicable to industries of national importance.
- Key federal statutes:
- Canada Labour Code
- Canadian Human Rights Act
- Employment Equity Act
- Personal Information Protection and Electronic Documents Act (PIPEDA)
Canadian Charter of Rights and Freedoms
- Adopted in 1982, influencing employment law through rights largely connected to government actions.
- Section 15 guarantees equality rights.
- Section 33 allows governments to pass laws notwithstanding certain rights.
Common Law and Employment
- Common law evolves from court decisions and works on the principle of precedent (stare decisis).
- Contact law governs contractual relationships, while tort law addresses civil wrongs.
- Important areas include misrepresentation by job candidates, wrongful hiring, and fraud.
Recruitment, Selection, and Hiring
- Employment agencies must adhere to human rights laws.
- Job advertisements should be inclusive, avoiding qualifications that exclude protected groups.
- Interview questions must not classify candidates based on prohibited grounds unless under specific exemptions.
- Pre-employment inquiries about protected classes should occur post-offer.
Areas of Common Law Liability
- Misrepresentation prior to hiring can lead to dismissal for cause, while minor inaccuracies typically do not justify immediate termination.
- Employers may be liable for negligent misrepresentation if candidates rely on misleading information to their detriment.
- Aggressive recruiting tactics may result in claims of inducement against an employer.
Written Employment Contracts
- A binding contract requires offer, acceptance, and consideration, with written agreements preferred for clarity.
- Written contracts help minimize misunderstandings and establish clear terms.
- Customize contracts to the specific role, addressing key aspects such as job descriptions, remuneration, termination processes, and probationary periods.
Common Contractual Terms
- Essential components of employment contracts include:
- Job Description
- Remuneration
- Terms of Employment
- Termination clauses detailing conditions for termination, notice periods, and mitigation duties.
- Additional aspects like benefits, remote work policies, intellectual property ownership, and severability clauses may also be included to protect both parties.
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Description
This quiz covers the key features of Alberta's Human Rights Code as it pertains to employment law. It focuses on the prohibition of discrimination based on various grounds, including sexual harassment, in both public and private sectors. Understand the implications of discriminatory practices and the significance of their effects.
