HR and Ethics in Canadian Employment Law

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Questions and Answers

What is the primary focus of the discussion?

Detailed analysis of specific Canadian labor laws

The impact of various court cases on HR practices

The changing legal landscape and its effect on human resources, including ethics, discrimination and harassment (correct)

The intricate history of labor unions in Canada

In the content, what term is used to describe the moral principles that guide behavior?

Legislation

Jurisprudence

Ethics (correct)

Compliance

According to the content, what role does HR play in an ethical organization?

To help create and maintain an ethical organization (correct)

To solely manage employee benefits

To enforce legal compliance only

To primarily focus on performance management

What specific areas related to employment are mentioned as influenced by law in Canada?

Ethics, discrimination, harassment, and employment standards (A) Signup and view all the answers

Which of the following does the content suggest is a necessary consideration when evaluating behavior?

Whether the action is ethical or unethical (C) Signup and view all the answers

What does the text suggest is a challenge related to ethics in the workplace?

Understanding how individuals rationalize unethical behavior (B) Signup and view all the answers

What is the primary purpose of human rights legislation?

To prohibit discrimination in employment and services (B) Signup and view all the answers

Which statement accurately reflects the relationship between ethics and law, based on the material?

The content presents ethics as a distinct category from formal law that requires its own consideration (B) Signup and view all the answers

Which of the following best describes 'discrimination' according to the provided definition?

An exclusion that nullifies a person's right to equal recognition due to a protected ground. (C) Signup and view all the answers

What is suggested as an area of HR that is impacted by legal changes?

The management of discrimination complaints (B) Signup and view all the answers

Which of these is NOT explicitly listed as a prohibited ground of discrimination?

Political Affiliation (C) Signup and view all the answers

Which entity has the primary responsibility for employment law covering the majority of Canadian employees?

Provincial and Territorial Governments (D) Signup and view all the answers

According to the content, what does 'jurisdiction-specific' imply about human rights legislation?

The legislation varies depending upon location. (A) Signup and view all the answers

Under Canadian employment law, what is a primary right of an employee?

The right to be protected from harmful business practices (B) Signup and view all the answers

Which of the following is an example of a prohibited ground of discrimination that directly relates to a person's heritage?

Ethnic/National Origin (D) Signup and view all the answers

Human rights legislation aims to prevent both intentional and unintentional discrimination. What does this imply?

Discriminatory impact is more relevant than intent. (A) Signup and view all the answers

What percentage of Canadian employees fall under federal employment law?

10% (D) Signup and view all the answers

Which of the following sectors are typically governed by federal employment law in Canada?

Civil service, banks, and airlines (C) Signup and view all the answers

According to the overview, what is an example of a prohibited ground related to an individual's personal life?

Marital/family status (C) Signup and view all the answers

What distinguishes prohibited grounds of discrimination from other characteristics?

They are protected under human rights legislation. (B) Signup and view all the answers

What is a key function of the government in the context of Canadian employment law?

To balance the needs of both employers and employees (A) Signup and view all the answers

What right does an employer have in the context of Canadian employment, according to the content?

The right to modify employee work terms for legitimate business needs (A) Signup and view all the answers

Which level is responsible for more employment law and employees affected?

Provincial/Territorial (A) Signup and view all the answers

According to the information, which of the following is accurate regarding federal and provincial responsibilities in employment law?

Provincial/territorial laws are responsible for the majority of employees. (D) Signup and view all the answers

Which of the following behaviors constitutes workplace harassment?

Spreading unfounded rumors and insults about an employee. (C) Signup and view all the answers

What should employers do to reduce liability related to workplace harassment?

Have clear workplace harassment policies, communicate them to all employees, enforce them fairly, and maintain a harassment-free environment. (B) Signup and view all the answers

Which of the following is an employer's obligation, according to the provided text?

To make employees aware of the anti-discrimination/anti-harassment policy, complaint mechanism, available training, and ensure they acknowledge receiving these. (A) Signup and view all the answers

What actions should an employer take after receiving a formal harassment complaint?

Assess the seriousness of the complaint, launch an investigation promptly, focus on employee welfare, and take actions based on the complaint. (B) Signup and view all the answers

Which employers are covered under the Employment Equity Act?

Federally regulated employers only. (C) Signup and view all the answers

The Employment Equity Act has identified four designated groups. Which of the following comprise these?

Women, visible minorities, persons with disabilities, and Aboriginal peoples. (D) Signup and view all the answers

Which of the following is associated with the experiences of designated groups in the workplace, according to the text?

Occupational segregation, glass ceiling, and underutilization. (A) Signup and view all the answers

What is described as a common experience of designated groups in the workplace?

Underemployment and low-status jobs with little career growth potential. (D) Signup and view all the answers

What is the first step in implementing an employment equity program?

Obtain senior management commitment and support (B) Signup and view all the answers

Which of the following is NOT a component of the employment standards legislation?

Employee recruitment strategies (A) Signup and view all the answers

What does the principle of greater benefit apply to in an employment contract?

Minimum terms established by law (B) Signup and view all the answers

What is the role of the middle section during the employment equity debate?

To take the role of judge (A) Signup and view all the answers

What is the main reason employers may restrict employee privacy?

To prevent liability to the company (A) Signup and view all the answers

During the employment equity program implementation, what comes after developing the plan?

Monitoring, evaluating, and revising the plan (A) Signup and view all the answers

Which employment standard sets a limit on the maximum number of hours of work permitted?

Employment standards legislation (D) Signup and view all the answers

What is one possible goal of monitoring an employment equity plan?

To ensure compliance with policies (D) Signup and view all the answers

What is a key difference between intentional and unintentional discrimination?

Intentional discrimination involves direct unequal treatment, while unintentional discrimination results from policies with adverse impacts. (C) Signup and view all the answers

Which of the following is an example of unintentional discrimination in the workplace?

Using a job evaluation system that is not designed to be gender-neutral. (A) Signup and view all the answers

What does 'Bona Fide Occupational Requirement' (BFOR) refer to?

A justifiable reason for discrimination based on business needs for safe and efficient operations. (B) Signup and view all the answers

What constitutes 'reasonable accommodation' in the workplace?

Modifying employment practices that disadvantage a specific group of employees. (C) Signup and view all the answers

Under what condition does a 'reasonable accommodation' become an 'undue hardship'?

When the financial costs of accommodation would make it impossible for the employer. (C) Signup and view all the answers

According to the provided text, what constitutes workplace harassment?

Unwelcome behavior that demeans, humiliates or embarrasses a person, and that a reasonable person should have known would be unwelcome. (D) Signup and view all the answers

Which of the following is NOT an example of discrimination, according to the text?

A company that chooses to hire local employees over those from very far away. (D) Signup and view all the answers

What is the relationship between 'Reasonable Accommodation' and 'Bona Fide Occupational Requirement' (BFOR)?

Reasonable accommodation is intended to address when BFOR would create potential discrimination. (A) Signup and view all the answers

Study Notes

Human Resource Management: Changing Legal Emphasis

Focuses on legal compliance and its impact on Canadian workplaces.
Key topics include ethics, employment law in Canada, discrimination, harassment, and employment standards.

Ethics

Discusses the difference between ethical and legal considerations.
Explores decision-making processes regarding ethical/unethical behavior.
Investigates how people rationalize unethical behavior.
Examines HR's role in creating and maintaining an ethical organizational culture.

HR's Role in Organizational Ethics

The CCHRA's (Canadian Council of Human Resources Association) National Code of Ethics outlines standards for fairness, justice, truthfulness, and social responsibility for Certified Human Resources Professionals (CHRPs).
Competence involves maintaining professional standards in knowledge, experience, and skill. Legal requirements necessitate adherence to all applicable laws and regulations.
Dignity in the workplace prioritizes human rights, equity, dignity, and respect.
Maintaining confidentiality within the scope of professional practice is essential.
Professional development enhances credibility and value.

Legal Framework for Employment in Canada

Employers have the right to modify employee work terms for legitimate business needs.
Employees have the right to be protected from harmful business practices.
The government balances the needs of employers and employees.

Federal and Provincial Law

Provincial/territorial laws govern 90% of employees.
Federal laws apply to 10% of employees in federally regulated industries (e.g., civil service, banks, airlines).

Multiple Layers of Canadian Legislation

Canadian Charter of Rights and Freedoms - fundamental rights for all residents.
Human Rights Legislation prohibits discrimination in employment and service delivery.
Employment Standards Legislation sets minimum terms in employment relationships (e.g., wages, hours, maternity leave).
Ordinary Laws pertain to workplace context (e.g., safety).
Collective Bargaining Agreements are legally binding for unionized positions.
Employment Contracts apply to individual employee/employer relationships.

Human Rights Legislation

Jurisdiction-specific laws prevent intentional and unintentional discrimination in employment and service delivery.
Discrimination is a distinction, exclusion, or preference based on prohibited grounds (e.g., race, religion, sex) that compromises equal rights.

Homework Activity

"Right or Wrong" quiz is a learning exercise.
Key takeaways from the course material are essential for comprehension.

Prohibited Grounds of Discrimination

A variety of prohibited grounds for employment discrimination are listed and analyzed by province.

Types of Discrimination

Intentional discrimination involves direct and differential unequal treatment.
Unintentional discrimination includes constructive or systemic discrimination, with embedded policies that impact specific groups negatively.

Examples of Unintentional Discrimination

Maximum height/weight requirements
Job evaluation systems lacking gender neutrality
Absence of harassment policies or guidelines

Bona Fide Occupational Requirement (BFOR)

Legitimate justification for discriminatory practices based on business necessity for safe and efficient operations (e.g., height requirements for bus drivers)

Reasonable Accommodation vs. Undue Hardship

Reasonable accommodation modifies policies to prevent disadvantages to individuals.
Undue hardship involves financial barriers to reasonable accommodation.

Harassment

Unwelcome behavior that demeanes, humiliates or embarrasses a person.
A reasonable person should recognize the unwelcome behavior.

Examples of Harassment

Unwelcome remarks, slurs, jokes, taunts, or suggestions based on personal characteristics.
Unwelcome sexual remarks, invitations, or requests; unsolicited contact.
Display of offensive material; abuse or threats.
Practical jokes, intimidation, or uncomfortable physical contact.
Humiliating behavior; abuse of authority; undermining someone's performance; personal vandalism; physical or sexual assault.

Employer Responsibility for Harassment

Employers are responsible for protecting employees from harassment, including that arising from clients or customers.

Sexual Harassment

Sexual coercion involves consequences to employment status or gain/loss of tangible benefits.
Sexual annoyance involves hostile, intimidating, or offensive conduct without direct job-related consequences.

Sexual Harassment Statistics (U.S.)

80% of waitresses report harassment by co-workers or customers.
70% of male restaurant workers report harassment by co-workers, and 55% by customers.

Psychological Harassment

Includes workplace bullying and intimidation based on grounds besides race, religion, and gender.
Includes physical or verbal intimidation, unjustified yelling, insults, attempts to defame, isolation, and demeaning work.

Harassment Policies

Employers should adopt clear policies and ensure their effective communication and consistent enforcement.
Employers need to actively maintain a harassment-free work environment.

Making employees aware of anti-discrimination/anti-harassment policies, ensuring a complaint mechanism, providing training, and documenting receipt of training.
Assessing complaints, investigating promptly, caring for employee wellbeing, and taking appropriate action based on the findings.

Employment Equity Act

Applies to federally regulated employers.
Aims to promote equality in employment.
Sets equal pay for equal work for designated groups (women, visible minorities, persons with disabilities, Aboriginal peoples).

Designated Group Experiences

Occupational segregation; glass ceiling; underutilization; concentration; underemployment; low-status jobs with limited career growth.

Employment Equity Debate

Arguments for/against employment equity programs.

Implementing Employment Equity Program

Steps for successfully implementing the employment equity program, including obtaining senior management commitment, data collection/analysis, reviewing existing employment systems, creating a detailed plan, implementing the plan, monitoring, evaluating, and revising the plan.

Employment Standards Legislation

Laws establishing minimum employee entitlements and limiting work hours.

Employment Standards Act

Federal and provincial versions establish terms (wages, OT, holidays, leaves).
Employment contracts can exceed minimums.
Principle of greater benefit applies.

Employment Standards in Ontario

Overview of Ontario's Employment Standards Act, which sets minimum standards.
Details various aspects such as vacation time, pay, hours of work, overtime, and minimum wage.

Respecting Employee Privacy

Employers' right to prevent liability by eliminating wasted time on personal matters, and preventing abuse of company resources;
Employees' right to control information about themselves and freedom from interference in personal life.

Internet and Email Usage Policy

Electronic surveillance permissible with workplace policy.
Employer-created policies require updates to remain current with technology.

Video Surveillance

Used to prevent employee theft and vandalism.
Employees must be made aware of policies.
Avoid surveillance if alternatives like effective security measures are viable solutions.

Additional Link: Unconscious Discrimination

Information about implicit association tests.

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Description

This quiz focuses on the intersections of human resources, ethics, and employment law in Canada. It covers critical topics such as moral principles guiding behavior, the role of HR in ethical organizations, and areas of employment law influenced by legislation. Test your understanding of these essential concepts and their implications in the workplace.